# PLAINS PIPELINE, L.P. — Corrective Action Order

**Citation:** CPF 520155011H  
**Type / status:** enforcement / historical  
**Agency:** Pipeline and Hazardous Materials Safety Administration  
**Effective:** Not stated  
**Published:** 2015-05-21

CLOSED corrective action order.

## Document text

Corrective Action Order involving PLAINS PIPELINE, L.P.. The dataset does not identify a cited regulation for this case. The case was opened on 2015-05-21 and is reported as closed as of 2020-10-29. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

2-20-CV-02415_SANFRAN 195552 v1 Refugio Complaint ECF 01_03132020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520155011H/2-20-CV-02415_SANFRAN%20195552%20v1%20Refugio%20Complaint%20ECF%2001_03132020.pdf

2-20-CV-02415_SANFRAN 195558 v1 Refugio-Consent Decree attached to Notice of Lodging ECF 6-1_03132020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520155011H/2-20-CV-02415_SANFRAN%20195558%20v1%20Refugio-Consent%20Decree%20attached%20to%20Notice%20of%20Lodging%20ECF%206-1_03132020.pdf

2-20-CV-02415_US District Court Central Dist of California Consent Decree_03132020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520155011H/2-20-CV-02415_US%20District%20Court%20Central%20Dist%20of%20California%20Consent%20Decree_03132020.pdf

520155011H_Amended Corrective Action Order_06032015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520155011H/520155011H_Amended%20Corrective%20Action%20Order_06032015.pdf

520155011H_Amended Corrective Action Order_06032015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520155011H/520155011H_Amended%20Corrective%20Action%20Order_06032015_text.pdf

520155011H_Amendment No 2 Corrective Action Order_11122015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520155011H/520155011H_Amendment%20No%202%20Corrective%20Action%20Order_11122015.pdf

520155011H_Amendment No 2 Corrective Action Order_11122015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520155011H/520155011H_Amendment%20No%202%20Corrective%20Action%20Order_11122015_text.pdf

520155011H_Amendment No 3 to the Corrective Action Order_061620116.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520155011H/520155011H_Amendment%20No%203%20to%20the%20Corrective%20Action%20Order_061620116.pdf

520155011H_Amendment No 3 to the Corrective Action Order_061620116_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520155011H/520155011H_Amendment%20No%203%20to%20the%20Corrective%20Action%20Order_061620116_text.pdf

520155011H_Closure Letter_10292020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520155011H/520155011H_Closure%20Letter_10292020.pdf

520155011H_Closure Letter_10292020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520155011H/520155011H_Closure%20Letter_10292020_text.pdf

520155011H_Corrective Action Order_05212015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520155011H/520155011H_Corrective%20Action%20Order_05212015.pdf

520155011H_Corrective Action Order_05212015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520155011H/520155011H_Corrective%20Action%20Order_05212015_text.pdf

520155011H_Amendment No 2 Corrective Action Order_11122015_text.pdf

November 12, 2015
VIA CERTIFIED MAIL AND FAX TO: 713-646-4378
Mr. Troy Valenzuela
Vice President EHS
Plains Pipeline, LP
333 Clay Street, Suite 1600
Houston, TX 77002
Re: CPF No. 5-2015-5011H
Dear Mr. Valenzuela:
Enclosed is Amendment No. 2 to the Corrective Action Order issued in the above-referenced
case on May 21, 2015. It requires Plains Pipeline, LP, to take additional corrective actions with
respect to Line 903 of its pipeline system. Service is being made by certified mail and facsimile.
Service of the Amendment to the Corrective Action Order by electronic transmission is deemed
complete upon transmission and acknowledgement of receipt, or as otherwise provided under 49
C.F.R. § 190.5. The terms and conditions of this Order are effective upon completion of service.
Thank you for your continued cooperation in this matter.
Sincerely,
Jeffrey D. Wiese
Associate Administrator
for Pipeline Safety
Enclosure
cc: Ms. Linda Daugherty, Deputy Associate Administrator for Field Operations, OPS
Director, Western Region, OPS



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
In the Matter of )
Plains Pipeline, LP, ) CPF No. 5-2015-5011H
)
)
)
Respondent. )
____________________________________)
AMENDMENT NO. 2 TO THE CORRECTIVE ACTION ORDER
Purpose and Background:
On May 21, 2015, the Associate Administrator issued a Corrective Action Order (CAO) under
the authority of 49 U.S.C. Section 60112 to require Plains Pipeline, L.P. (Plains or Respondent),
to take certain corrective actions to protect the public, property, and the environment from
potential hazards associated with Line 901 (Affected Pipeline) in Santa Barbara County,
California. The CAO was issued in response to a May 19, 2015 failure on the Affected Pipeline
that caused a release of approximately 2500 barrels of heavy crude oil (Failure). On June 3,
2015, the Associate Administrator issued Amendment No. 1 to the CAO, which requires Plains
to take certain additional corrective actions on Line 901 and Line 903. Pursuant to 49 U.S.C.
§ 60117, the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of
Pipeline Safety (OPS), initiated an investigation of the accident.
Additional Findings:
• Line 903 is a 30-inch diameter pipeline approximately 129.5 miles in length and is
composed of three segments: Gaviota Station to Sisquoc Station (38.5 miles long);
Sisquoc Pump Station to Pentland Station (76.1 miles long); and Pentland Station to
Emidio Station (14.9 miles long). Line 903 crosses Santa Barbara County, San Luis
Obispo County, and Kern County, California. Amendment No. 1 requires that the
operating pressure of Line 903 not exceed eighty percent (80%) of the highest pressure
sustained for a continuous 8-hour period between April 19, 2015, and May 19, 2015. The
Pentland to Emidio segment is currently operating intermittently at low pressures in
accordance with requirements of Amendment No. 1. The remaining portions of Line 903
are currently idled but are still full of crude oil.



CPF No. 5-2015-5011H
Page 2
• PHMSA’s independent review of in-line inspection (ILI) tool surveys for Line 901 and
903 over the past 10 years found that anomalies were “under-called” in areas of general
corrosion. Direct field examination and measurements of the anomalies revealed that the
actual length and width of the anomalies were greater than the measurements predicted
by the ILI tool. Specifically, on Line 901, direct measurement of the metal loss anomaly
at the failure site and other anomalies excavated in 2015 showed that these anomalies
were generally more significant than the ILI results indicated they would be.
• Common practice in the pipeline industry is to provide the ILI vendor with field data
from direct investigation of anomalies to validate the ILI tool’s detection capabilities and
limitations, the accuracy with which it can locate and size anomalies, and the confidence
associated with the tool’s measurements. After excavating, investigating, characterizing,
and measuring anomalies from the results of various ILI surveys, Plains did not share its
actual field findings with the ILI vendor so that it could enhance its interpretation of the
ILI data.
• PHMSA’s independent review of ILI surveys from the past 10 years show that Line 903,
particularly the Gaviota to Sisquoc segment, has similar corrosion characteristics as Line
901 and a number of the anomalies had characteristics consistent with the failure site.
Specifically, Line 903 has both localized and larger or “general” areas of external
corrosion.
• Freeport-McMoRan Oil & Gas (Freeport) operates a 37-mile pipeline system from its
Hidalgo, Hermosa and Harvest offshore platforms in the Point Arguello Offshore Field
that feeds into Plains’ Line 903 at Gaviota Station. Freeport shut down this pipeline
system on May 30, 2015, because Line 903 had ceased operation on May 28, 2015.
• Line 903 between Gaviota and Pentland Station is currently filled with raw, unprocessed
crude oil from Freeport’s offshore platforms. This unprocessed crude may contain water,
natural gas, and other impurities that contribute to internal corrosion. According to
Freeport, the biocide and rust inhibitor in this crude oil will begin to lose effectiveness
around November 2015, adding to the risk of accelerated internal corrosion on Line 903.
• Due to the number of corrosion-caused anomalies identified on Line 903 in past ILI
surveys, particularly on the Gaviota to Sisquoc segment, it does not appear that Plains has
an effective corrosion control program and the pipe can be expected to have degraded
(lost metal due to corrosion) since the last ILI survey. Furthermore, leaving crude oil in
Line 903 is likely to result in an increased potential for internal corrosion as the inhibitor
loses its effectiveness. The crude oil in Line 903 needs to be removed from the pipeline
and the line purged with an inert gas in order to prevent further degradation of the
pipeline, and eliminate the potential harm it poses from an unintended release.
• Stress corrosion cracking (SCC) or environmentally-assisted cracking can be induced on
a pipeline from the combined influence of tensile stress and a corrosive medium. As
noted in PHMSA’s Advisory Bulletin ADB-03-05 (issued October 7, 2003), SCC is



CPF No. 5-2015-5011H
Page 3
commonly associated with disbonded coatings. Disbonded coatings may prevent the
cathodic protection current used for corrosion control from reaching the pipe surface and
allow an SCC-susceptible environment to form between the pipe and coating. Tape
coatings and shrink wrap sleeves are both coatings susceptible to disbondment and may
lead to corrosion and possibly environmentally assisted cracking or SCC. Line 903 has
shrink wrap sleeves on the girth welds, which could contribute to SCC.
Determination of Necessity for Amendment to the Corrective Action Order and Right to
Hearing:
Section 60112 of Title 49, United States Code, provides for the issuance of a Corrective Action
Order, after reasonable notice and the opportunity for a hearing, requiring corrective action,
which may include the suspended or restricted use of a pipeline facility, physical inspection,
testing, repair, replacement, or other action, as appropriate. The basis for making the
determination that a pipeline facility is or would be hazardous, requiring corrective action, is set
forth both in the above-referenced statute and 49 C.F.R. § 190.233, a copy of which is enclosed.
Section 60112 and the regulations promulgated thereunder provide for the issuance of a
Corrective Action Order, without prior notice and opportunity for hearing, upon a finding that
failure to issue the Order expeditiously would result in the likelihood of serious harm to life,
property, or the environment. In such cases, an opportunity for a hearing and expedited review
will be provided as soon as practicable after the issuance of the Order.
After evaluating the preliminary findings in the CAO and Amendment No. 1 and the foregoing
additional preliminary findings of fact, I find that continued operation of Line 901 and Line 903
without corrective measures is or would be hazardous to life, property, or the environment.
Additionally, having considered the uncertainties as to the cause of the Failure, the location of
the Failure, the similarities between the characteristics of the Affected Pipeline and Line 903, the
material being transported, and the proximity of the pipelines to the Pacific Ocean and
environmentally sensitive areas, I find that a failure to issue this Order expeditiously to require
immediate corrective action would result in the likelihood of serious harm to life, property, or the
environment.
Accordingly, this Amendment to the Corrective Action Order mandating immediate corrective
action is issued without prior notice and opportunity for a hearing. The terms and conditions of
this Order are effective upon receipt.
The actions required by this Amendment No. 2 to the Corrective Action Order are in
addition to the requirements that apply to Respondent’s Affected Pipeline under the CAO
issued on May 21, 2015, and Amendment No. 1 issued on June 3, 2015.
Within 10 days of receipt of this Amendment, Respondent may contest its issuance and obtain
expedited review either by answering in writing or requesting a hearing under 49 C.F.R.
§ 190.211, to be held as soon as practicable under the terms of such regulation, by notifying the
Associate Administrator for Pipeline Safety in writing, with a copy to the Director, Western



CPF No. 5-2015-5011H
Page 4
Region, OPS (Director). If Respondent requests a hearing, it will be held telephonically or in-
person in Lakewood, Colorado, or Washington, D.C.
After receiving and analyzing additional data in the course of this investigation, PHMSA may
identify other corrective measures that need to be taken on the Affected Pipeline or Plains’ Line
903. In that event, PHMSA will notify Respondent of any additional measures that are required
and another Amendment Order will be issued, if necessary. To the extent consistent with safety,
Respondent will be afforded notice and an opportunity for a hearing prior to the imposition of
any additional corrective measures.
Required Corrective Actions:
Pursuant to 49 U.S.C. § 60112, I hereby order Plains to immediately take the following
corrective actions with respect to Line 903:
1. Empty and Purge Line 903: Plains must empty and purge Line 903 between Gaviota and
Pentland Stations and fill it with an inert gas.
a. Plains must submit a purge plan to the Director for review and approval within 15
days after receipt of this Order and prior to initiating purge activities.
b. The purge plan must include the following:
i. Identification and remediation of any anomalies with characteristics similar to
the Line 901 failure location. During the investigation of each anomaly
location, Plains must collect all appropriate data regarding the anomaly depth,
length, width, and physical characteristics, including sampling of any
corrosion by-products of any anomaly excavated.
Plains must provide the vendor who performed previous ILI tool runs and
analysis from 2012 to the present with the field measured data and request that
the ILI vendor use the field data to re-evaluate the ILI results in order to
identify any additional anomalies that must be remediated per § 195.452(h) or
that have characteristics similar to the Line 901 failure location. Plains must
provide a list of additional identified anomalies to the Director prior to
commencing the purge.
A step-by-step plan of how the purge will be executed, including operating
pressures and implementation schedule.
A list of enhanced preventive and mitigative measures that Plains will
implement to monitor the pipeline during the purge activity, including, but not
limited to, increased patrols of the pipeline right-of-way with attention to
nearby drainages, culverts, and highly populated areas, pressure monitoring,
and emergency response personnel’s ability to respond in a reasonable
timeframe.
Purging operations must commence during early daylight hours.
Training of personnel on the local operation of Line 903 during the purge,
including coordination of the Midland Control Room and training of
personnel on emergency response procedures.
ii. iii. iv. v. vi.



CPF No. 5-2015-5011H
Page 5
c. Plains must notify the Director and local and state responders 5 business days prior to
commencing the purging operations.
2. Shutdown: After purging Line 903, Plains must not operate Line 903 between Gaviota and
Pentland stations until authorized to do so by the Director. The Pentland to Emidio segment
of Line 903 may continue to operate under the 80% pressure restriction requirement of
Amendment No. 1.
3. Plains must provide the Director with 5 business days’ notice prior to commencing any
investigation and remediation of anomalies (i.e., digs and repairs) and ILI tool runs.
4. Plains must use a third-party American Society of Non-Destructive Testing (ASNT) Level III
certified contractor to complete a non-destructive testing analysis at the specific location of
each ILI feature or anomaly that requires investigation and remediation under the
requirements of the CAO, Amendment No. 1, and this Amendment No. 2. If the ILI feature
or anomaly is at a girth weld with shrink sleeves, the contractor must perform a magnetic
particle inspection of the weld area or use other appropriate technology to check for stress
corrosion cracking (SCC).
5. The Corrective Action Order Documentation Report required by Item 12 of the CAO must
include a summary of all inspections, assessments, evaluations, and analysis required by this
Amendment No. 2 to the CAO.
The actions required by this Amendment No. 2 to the Corrective Action Order are in addition to
and do not waive any requirements that apply to Respondent’s pipeline system under the CAO,
49 C.F.R. Part 195, under any other order issued to Respondent under authority of 49 U.S.C.
§ 60101, et seq., or under any other provision of Federal or State law.
Respondent may appeal any decision of the Director to the Associate Administrator for Pipeline
Safety. Decisions of the Associate Administrator shall be final.
Be advised that all material you submit in response to this enforcement action is subject to being
made publicly available. If you believe that any portion of your responsive material qualifies for
confidential treatment under 5 U.S.C. 552(b), along with the complete original document you
must provide a second copy of the document with the portions you believe qualify for
confidential treatment redacted and an explanation of why you believe the redacted information
qualifies for confidential treatment under 5 U.S.C. 552(b).
Failure to comply with this Order may result in the assessment of civil penalties and in referral to
the Attorney General for appropriate relief in United States District Court pursuant to 49 U.S.C.
§ 60120.
In your correspondence on this matter, please refer to CPF No. 5-2015-5011H and for each
document you submit, please provide a copy in electronic format whenever possible.



CPF No. 5-2015-5011H
Page 6
The terms and conditions of this Amendment No. 2 to the Corrective Action Order are effective
upon receipt.
__________________________________ __________________
Jeffrey D. Wiese Date Issued
Associate Administrator
for Pipeline Safety

520155011H_Closure Letter_10292020_text.pdf

VIA E-MAIL TO MR. PATRICK HODGINS
October 29, 2020
Mr. Patrick D. Hodgins
VP Health, Safety & Environmental
Plains All American
333 Clay Street
Suite 1600
Houston Texas 77002
RE: CPF 5-2015-5011H and its amendments
Closure Letter
Dear Mr. Hodgins:
On May 21, 2015, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued to Plains
Pipeline, LP a Corrective Action Order (CAO), and three subsequent amendments, in the above-
referenced case. This Order included a requirement to take corrective actions on your pipeline. On
October 14, 2020, the United States District Court for the Central District of California entered an Order
to Enter Consent Decree in the case of United States of America et al. v. Plains All American Pipeline,
L.P. et al. Upon entry, the Consent Decree (CD) closed the CAO and its amendments. Para. 25 of CD.
Appendix D of the CD transferred all outstanding corrective actions in PHMSA’s closed CAO, and
amendments, to the sole regulatory oversight of the California Department of Forestry and Fire
Protection’s - Office of the State Fire Marshal.
Accordingly, this case is now closed with PHMSA. Thank you for your cooperation in this matter.
Sincerely,
Dustin Hubbard
Director, Western Region
Pipeline and Hazardous Materials Safety Administration
cc: PHP-60 Compliance Registry
James Hosler (james.hosler@fire.ca.gov), Assistant Deputy Director, Pipeline Safety Division,
Office of the State Fire Marshal

2-20-CV-02415_SANFRAN 195558 v1 Refugio-Consent Decree attached to Notice of Lodging ECF 6-1_03132020.pdf

Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 1 of 102 Page ID #:94
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Senior Attorney
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Trial Attorney
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Tel: (202) 514-1707
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Assistant Attorney General
Environment and Natural Resources Division
United States Department of Justice
Washington, D.C. 20530
BRADLEY R. O’BRIEN (CA Bar Number: 189425)
ANGELA MO (CA Bar Number: 262113)
Environmental Enforcement Section
United States Department of Justice
301 Howard Street, Suite 1050
San Francisco, California 94105
Tel: (415) 744-6484;
E-mail: brad.obrien@usdoj.gov
E-mail: angela.mo@usdoj.gov
Counsel for Plaintiff United States of America
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA, and the PEOPLE
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OF THE STATE OF CALIFORNIA, ex rel.
DEPARTMENT OF FISH AND WILDLIFE,
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PEOPLE OF THE STATE OF CALIFORNIA, ex rel.
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CENTRAL COAST REGIONAL WATER QUALITY
CONTROL BOARD, ex rel. CALIFORNIA
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DEPARTMENT OF PARKS AND RECREATION, ex
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rel. CALIFORNIA STATE LANDS COMMISSION,
ex rel. CALIFORNIA DEPARTMENT OF
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FORESTRY AND FIRE PROTECTION’S OFFICE
OF STATE FIRE MARSHAL, and THE REGENTS
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OF THE UNIVERSITY OF CALIFORNIA,
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Plaintiffs,
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PLAINS ALL AMERICAN PIPELINE, L.P. and
PLAINS PIPELINE, L.P.,
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Defendants.
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Civil Action No.
2:20-cv-02415
CONSENT DECREE
v.
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree



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Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 2 of 102 Page ID #:95
XAVIER BECERRA
Attorney General of California
ERIC M. KATZ
Supervising Deputy Attorney General
MICHAEL ZARRO (CA Bar Number: 110171)
JESSICA BARCLAY-STROBEL (CA Bar Number: 280361)
Deputy Attorneys General
300 South Spring Street, Suite 1702
Los Angeles, California 90013
Tel: (213) 269-6635
E-mail: Jessica.BarclayStrobel@doj.ca.gov
Counsel for Plaintiffs California Department of Fish and Wildlife, Central Coast
Regional Water Quality Control Board, and California Department of Forestry
and Fire Protection’s Office of State Fire Marshal
XAVIER BECERRA
Attorney General of California
CHRISTINA BULL ARNDT
Supervising Deputy Attorney General
NICOLE RINKE (CA Bar Number: 257510)
MITCHELL E. RISHE (CA Bar Number: 193503)
Deputy Attorney General
300 South Spring Street, Suite 1702
Los Angeles, California 90013
Tel: (213) 269-6394
E-mail: Mitchell.Rishe@doj.ca.gov
Counsel for Plaintiffs California Department of Parks and Recreation and
California State Lands Commission
MARGARET WU (CA Bar Number: 116588)
Deputy General Counsel
BARTON LOUNSBURY (CA Bar Number: 253895)
Senior Counsel
University of California
Office of the General Counsel
1111 Franklin Street, 8th Floor
Oakland, California 94607-5200
Tel: (510) 987-9800
E-mail: barton.lounsbury@ucop.edu
Counsel for Plaintiff The Regents of the University of California
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree



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Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 3 of 102 Page ID #:96
TABLE OF CONTENTS
I. BACKGROUND ................................................................................... - 5 -
II. JURISDICTION AND VENUE ............................................................ - 6 -
III. APPLICABILITY ................................................................................. - 7 -
IV. DEFINITIONS ...................................................................................... - 7 -
V. CIVIL PENALTIES ............................................................................ - 13 -
VI. NATURAL RESOURCE DAMAGES ............................................... - 17 -
VII. TRUSTEES’ MANAGEMENT AND APPLICABILITY
OF JOINT NRD FUNDS ............................................................... - 21 -
VIII. TRUSTEES’ MANAGEMENT OF RECREATIONAL
USE FUNDS .................................................................................. - 22 -
IX. INJUNCTIVE RELIEF ....................................................................... - 23 -
X. CORRECTIVE ACTION ORDER ..................................................... - 27 -
XI. STIPULATED PENALTIES .............................................................. - 27 -
XII. FORCE MAJEURE ............................................................................. - 35 -
XIII. DISPUTE RESOLUTION .................................................................. - 37 -
XIV. REPORTING ....................................................................................... - 39 -
XV. CERTIFICATION ............................................................................... - 40 -
XVI. INFORMATION COLLECTION AND RETENTION ...................... - 40 -
XVII. EFFECT OF SETTLEMENT/RESERVATION OF RIGHTS ........... - 43 -
XVIII. TRANSFER AND ACQUISITION OF ASSETS .............................. - 49 -
XIX. COSTS ................................................................................................. - 50 -
XX. NOTICES ............................................................................................ - 51 -
XXI. EFFECTIVE DATE ............................................................................ - 54 -
XXII. RETENTION OF JURISDICTION .................................................... - 54 -
XXIII. MODIFICATION ................................................................................ - 54 -
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
- i -



Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 4 of 102 Page ID #:97
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XXIV. TERMINATION ................................................................................. - 55 -
XXV. PUBLIC PARTICIPATION ................................................................ - 56 -
XXVI. SIGNATORIES/SERVICE ................................................................. - 56 -
XXVII. INTEGRATION .................................................................................. - 57 -
XXVIII. FINAL JUDGMENT ........................................................................... - 57 -
XXIX. 26 U.S.C. SECTION 162(f)(2)(A)(ii) IDENTIFICATION ................ - 57 -
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
- ii -



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Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 5 of 102 Page ID #:98
A. WHEREAS, on or about May 19, 2015, a hazardous liquid pipeline
known as the Line 901 pipeline (“Line 901”) owned and operated by Plains
Pipeline, L.P., a wholly owned subsidiary of Plains All American Pipeline, L.P.,
(jointly, “Plains” or “Defendants”), failed and discharged approximately 2,934
barrels of heavy crude-oil (“Refugio Incident”) in Santa Barbara County,
California. A portion of the oil reached the Pacific Ocean and coastal areas such
as Refugio State Beach. The Refugio Incident adversely impacted Natural
Resources belonging to, managed by, held in trust by, appertaining to, or
otherwise controlled by the United States and the State of California
(“California” or the “State”).
B. WHEREAS, cleanup actions began immediately after the Refugio
Incident at the direction of a Unified Command established by the United States
Coast Guard (“USCG”) and the State of California Department of Fish and
Wildlife (“CDFW”), Office of Spill Prevention and Response (“OSPR”). The
Unified Command was comprised of the United States, State agencies, the
County of Santa Barbara, and Plains.
C. WHEREAS, on May 21, 2015, the United States Department of
Transportation’s Pipeline and Hazardous Materials Safety Administration
(“PHMSA”) issued Plains a Corrective Action Order (“Original CAO”), CPF No.
5-2015-5011H, which was subsequently amended on June 3, 2015 (“CAO
Amendment No. 1”), November 12, 2015 (“CAO Amendment No. 2”), and June
16, 2016 (“CAO Amendment No. 3”), (collectively, “the PHMSA CAO”). The
PHMSA CAO directed Plains, among other things, to purge Line 901 and a
portion of the adjoining Line 903 pipeline (“Line 903”), between Plains’ Gaviota
and Pentland pump stations, and to keep Line 901 and the purged sections of
Line 903 shut down until the actions required by the PHMSA CAO were
satisfactorily completed.
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
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Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 6 of 102 Page ID #:99
D. WHEREAS, on May 19, 2016, PHMSA issued a Failure
Investigation Report, which included PHMSA’s findings of the “proximate or
direct” causes and the “contributing” causes of the Refugio Incident.
E. WHEREAS, Defendants reimbursed Plaintiffs’ costs incurred for
cleanup, and Plaintiffs have no known unreimbursed claims for cleanup costs
arising from the Refugio Incident.
F. WHEREAS, CDFW incurred certain additional costs arising from
the administration and civil enforcement of pollution laws, including attorneys’
fees that have been reimbursed by Plains.
G. WHEREAS, Plains represents that it has implemented and will
continue to utilize an electronic tracking tool and software for maintenance
activities, including those activities related to mainline valves. The software
tracks which maintenance activities are performed, who performs the activity,
when prior notifications of maintenance activities by field personnel are received,
when problems requiring maintenance are first discovered, and when
maintenance problems are corrected. Plains maintains a separate software
program to track the training and qualifications of all maintenance personnel.
H. WHEREAS, Plains represents that, following the Refugio Incident
and pursuant to PHMSA’s CAO, Plains performed a comprehensive review of its
Emergency Response Plan and Training Program, and revised and updated its
Response Plan for Onshore Oil Pipelines for Line 901 and Line 903 (“Bakersfield
District Response Zone Plan”) to reflect modifications resulting from the review
and the incorporation of lessons learned. As part of the revision, Plains identified
the locations of culverts along the pipelines’ rights-of-way and provided
containment and recovery techniques for responding to spills that may occur near
those culverts. Plains provided drafts of the updated Bakersfield District
Response Zone Plan to PHMSA, incorporated comments provided by PHMSA,
and received approval of the revised plan from PHMSA on September 26, 2017.
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
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I. WHEREAS, Plains represents that it also created a more detailed
Geographic Information System (“GIS”) based online Tactical Response Plan for
its onshore oil pipelines in Southern California, including Line 2000 and the
operational portion of Line 903, that, among other things, identifies culverts
along the pipelines’ rights-of-way, potential receptors and the equipment,
supplies and resources that would be necessary to respond to a spill occurring at
any given location along those pipelines, identifies the sources and locations for
obtaining those resources, and, in some instances, establishes stored inventories
of those resources in specific locations. Plains represents that it intends to keep
its Tactical Response Plan updated and available for use in drills and spill
response, and that it will make the Tactical Response Plan available to the
Plaintiffs upon reasonable request and as needed in connection with a drill or
response to a spill.
J. WHEREAS, Plains represents that Plains personnel responding to
incidents that trigger the standup of an incident command structure (“ICS”) have
been provided ICS training appropriate to their responsibilities.
K. WHEREAS, the relevant Natural Resources trustees (“Trustees”) for
the Refugio Incident are the United States Department of the Interior (“DOI”);
United States Department of Commerce, on behalf of the National Oceanic and
Atmospheric Administration (“NOAA”); CDFW; California Department of Parks
and Recreation (“CDPR”); California State Lands Commission (“CSLC”); and
The Regents of the University of California (“UC”).
L. WHEREAS, pursuant to Section 1006 of the Oil Pollution Act
(‘‘OPA’’), 33 U.S.C. 2701, et seq., the United States and the State Trustees
allege that oil from the Refugio Incident caused injuries to Natural Resources,
including birds, marine mammals, shoreline and subtidal habitats, and also had
an impact upon human uses of Natural Resources and other public resources.
The Federal Trustees are designated pursuant to the National Contingency Plan,
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
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40 C.F.R. § 300.600 and Executive Order 12777. CDFW and CDPR are
designated state trustees pursuant to the National Contingency Plan, 40 C.F.R.
§ 300.605, and the Governor’s Designation of State Natural Resource Trustees
pursuant to Section 1006(b)(3) of OPA and the Comprehensive Environmental
Response, Compensation and Liability Act of 1980. In addition, CDFW has state
natural resource trustee authority pursuant to California Fish and Game Code
§§ 711.7 and 1802 and the Lempert-Keene-Seastrand Oil Spill Prevention and
Response Act (California Government Code § 8670.1 et seq.). CDPR and UC
have jurisdiction over natural resources within the state park system and the UC
Natural Reserve System, respectively, which are held in trust for the people of
the State of California. CSLC is a state trustee pursuant to its jurisdiction under
Public Resources Code § 6301 and Civil Code § 670.
M. WHEREAS, after the Refugio Incident, the Trustees and Defendants
entered into a cooperative Natural Resource Damage Assessment process
pursuant to 15 C.F.R. § 990.14, whereby the Trustees and Defendants jointly and
independently planned and conducted a number of injury assessment activities.
These activities included gathering and analyzing data and other information that
the Trustees used to determine and quantify resource injuries and damages. As a
result of this process and other activities, the Trustees identified several
categories of injured and damaged Natural Resources, including birds, marine
mammals, and shoreline and subtidal habitats, as well as effects to human
use/recreation resulting from impacts on these Natural Resources, and determined
the cost to restore, rehabilitate, replace, or acquire the equivalent of injured
Natural Resources. By entering this Consent Decree, Defendants do not admit or
agree that the Trustees’ NRD findings and determinations are accurate.
N. WHEREAS, due to the specific facts surrounding the Refugio
Incident, including the timing, degree, and nature of the spill and the affected
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
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environment, the Trustees will not seek additional damages, costs, or expenses
for Natural Resources resulting from the Refugio Incident.
O. WHEREAS, Plains agrees to reimburse costs incurred by the
Trustees in connection with the NRDA through November 15, 2018, and will not
reimburse costs incurred by the Trustees in connection with the NRDA after that
date.
P. WHEREAS, by entering into this Consent Decree, Plains does not
admit the allegations in the Complaint filed in this action, or any liability to the
Plaintiffs.
Q. WHEREAS, on January 28, 2019, PHMSA initiated a regularly-
scheduled “Integrated Inspection” of a portion of Defendants’ Regulated
Pipelines, as described below, and other pipeline facilities and records, pursuant
to 49 U.S.C. § 60117.
R. WHEREAS, the Parties agree that settlement of this matter without
further litigation is in the public interest and that the entry of this Consent Decree
is the most appropriate means of resolving this action.
S. WHEREAS, the Parties agree and the Court by entering this Consent
Decree finds, that this Consent Decree: (1) has been negotiated by the Parties at
arm’s-length and in good faith; (2) will avoid prolonged litigation between the
Parties; (3) is fair and reasonable; and (4) furthers the objectives of the federal
and state environmental protections, and the federal and state pipeline safety
laws.
I. BACKGROUND
The United States, on behalf of PHMSA, the United States Environmental
Protection Agency (“EPA”), DOI, NOAA, and USCG; and the People of the
State of California Ex Relatione CDFW, CDPR, CSLC, UC, the California
Central Coast Regional Water Quality Control Board (“RWQCB”), and the
California Department of Forestry and Fire Protection’s - Office of the State Fire
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
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Marshal (“OSFM”), filed a Complaint in this matter pursuant to the Clean Water
Act (“CWA”), 33 U.S.C. §§ 1251 et seq., and associated regulations and orders;
OPA, 33 U.S.C. §§ 2701 et seq., and associated regulations and orders; the
federal Pipeline Safety Laws, 49 U.S.C. §§ 60101 et seq., and associated
regulations and orders; the Lempert-Keene-Seastrand Oil Spill Prevention and
Response Act, California Government Code §§ 8670.1 et seq. and associated
regulations; California Fish and Game Code §§ 2014, 5650, 5650.1, 12016,
13013; California Water Code §§ 13350, 13385; and the Elder California
Pipeline Safety Act of 1981, California Government Code §§ 51010 et seq. The
Complaint against Plains, inter alia, asserts allegations of violations, and seeks
penalties, injunctive relief, and Natural Resource Damages.
NOW, THEREFORE, before the trial of any claims and without
adjudication or admission of any issue of fact or law and with the consent of the
Parties, IT IS HEREBY ADJUDGED, ORDERED, AND DECREED as follows:
II. JURISDICTION AND VENUE
1. This Court has jurisdiction over the subject matter of the United
States’ claims in this action pursuant to Section 311(b)(7)(E) and (n) of the CWA,
33 U.S.C. § 1321(b)(7)(E) and (n), Section 1017(b) of OPA, 33 U.S.C. § 2717(b);
Sections 60120 and 60122 of the Pipeline Safety Laws, 49 U.S.C. §§ 60120 and
60122; and 28 U.S.C. §§ 1331, 1345, and 1355. This Court has supplemental
jurisdiction over the State law claims pursuant to 28 U.S.C. § 1367. To the extent
the OPA presentment requirement described in 33 U.S.C. § 2713 applies, the
United States and the State Agencies have satisfied the requirement.
2. Venue is proper in this District pursuant to Section 311(b)(7)(E) of
the CWA, 33 U.S.C. § 1321(b)(7)(E), Section 1017(b) of OPA,
33 U.S.C. § 2717(b); Section 60120 of the Pipeline Safety Laws,
49 U.S.C. § 60120; and 28 U.S.C. §§ 1391 and 1395(a), because Plains
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
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does business in this District and the alleged claims occurred in this District.
3. For purposes of this Consent Decree or any action to enforce this
Consent Decree, Defendants consent to the Court’s jurisdiction over this Consent
Decree for such action and Defendants consent to venue in this judicial district.
For purposes of this Consent Decree and without admission of liability,
Defendants agree that the Complaint states claims upon which relief may be
granted.
III. APPLICABILITY
4. Subject to the terms herein, the obligations of this Consent Decree
apply to and are binding upon the Parties and any successors, assigns, as well as
any other entities or persons otherwise bound by law to comply with this Consent
Decree.
5. Defendants shall provide a copy of this Consent Decree to all
officers, employees, and agents whose duties might reasonably include ensuring
compliance with any provision of this Consent Decree, as well as to any
contractor retained for the purpose of performing work required under this
Consent Decree. Defendants shall condition any such contract upon performance
of the work in conformity with the terms of this Consent Decree by specifying
that contractors are obligated to perform work in compliance with this Consent
Decree.
6. In any action to enforce this Consent Decree, Defendants shall not
raise as a defense the failure by any of their officers, directors, employees,
agents, or contractors to take any actions necessary to comply with the provisions
of this Consent Decree.
IV. DEFINITIONS
7. Terms used in this Consent Decree that are defined in the CWA,
OPA, Pipeline Safety Laws, the Lempert-Keene-Seastrand Oil Spill Prevention
and Response Act, and the Elder California Pipeline Safety Act of 1981 shall
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
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have the meanings assigned to them in these statutes and their regulations, unless
otherwise provided in this Consent Decree. Whenever the terms set forth below
are used in this Consent Decree, the following definitions shall apply:
“Appendix A” is the set of maps that generally depict Lines 901, 903, and
2000;
“Appendix B” is the Injunctive Relief that Plains is required to perform
under this Consent Decree;
“Appendix C” is intentionally left blank;
“Appendix D” is the list of remaining corrective actions from the PHMSA
CAO that Plains is still required to implement under this Consent Decree. For
the terms of the PHMSA CAO, see
https://primis.phmsa.dot.gov/comm/reports/enforce/CaseDetail_cpf_520155011H
.html?nocache=4888#_TP_1_tab_1;
“CDFW” shall mean the California Department of Fish and Wildlife and
any of its successor departments or agencies;
“CDPR” shall mean the California Department of Parks and Recreation
and any of its successor departments or agencies;
“Complaint” shall mean the Complaint filed by the Plaintiffs in this action;
“Consent Decree” shall mean this Consent Decree and all Appendices
attached hereto;
“Control Room Management Plan” shall mean Plains’ Control Room
Management Plan, dated October 2019, and delivered to PHMSA electronically
on October 21, 2019, from counsel for Defendants;
“Control Center General Procedures” shall mean Plains’ Control Center
General Procedures, dated October 2019, and delivered to PHMSA electronically
on October 21, 2019, from counsel for Defendants;
“CSLC” shall mean the California State Lands Commission and any of its
successor departments or agencies;
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
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“Day” shall mean a calendar day unless expressly stated to be a working
day. In computing any period of time under this Consent Decree, the rules set
forth in Rule 6 of the Federal Rules of Civil Procedure shall apply;
“Defendants” shall mean Plains All American Pipeline, L.P. and Plains
Pipeline, L.P.;
“Delivery Lines” as stated in Appendix B shall mean any pipeline that
generally operates to move oil from a delivery meter on a pipeline or facility to
another pipeline or facility in close proximity;
“DOI” shall mean the United States Department of the Interior, including
its bureaus and agencies, and any of its successor departments or agencies;
“Elder California Pipeline Safety Act” shall mean the Elder California
Pipeline Safety Act of 1981, California Government Code §§ 51010 et seq.;
“EPA” shall mean the United States Environmental Protection Agency and
any of its successor departments or agencies;
“Effective Date” shall have the definition provided in Section XXI
(Effective Date);
“Federal Trustees” shall mean DOI and NOAA in their capacities as
Natural Resource Trustees;
“Integrity Management Plan” or “IMP” shall mean Plains’ Integrity
Management Plan, dated September 2019, as delivered to PHMSA by letter dated
November 19, 2019, from counsel for Defendants;
“Line 901” is Defendants’ 24-inch diameter crude-oil pipeline that
extends approximately 10.7 miles in length from the Los Flores Pump Station to
the Gaviota Pump Station, in Santa Barbara County, California, as generally
depicted in Appendix A;
“Line 903” is Defendants’ 30-inch diameter crude-oil pipeline that extends
approximately 129 miles in length from the Gaviota Pump Station in Santa
Barbara County, California to the Emidio Pump Station in Kern County,
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
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California, with intermediate stations at Sisquoc Mile Post 38.5 and Pentland
Mile Post 114.57, as generally depicted in Appendix A;
“Line 2000” is Defendants’ 20-inch diameter pipeline that extends
approximately 130 miles in length and transports crude-oil produced in the outer
continental shelf and the San Joaquin Valley. Line 2000 runs from Bakersfield,
California, over the Tehachapi Mountains and through the Grapevine I-5 corridor
and extends to delivery locations in the Los Angeles metropolitan area, as
generally depicted in Appendix A;
“Mainline pipeline” as stated in Appendix B shall mean the principal
pipeline or the parallel pipeline in a given pipeline system, excluding connected
lateral lines or branch lines that are used locally to deliver product either into the
mainline pipeline from, or out of the mainline pipeline to, a nearby facility or a
third-party line;
“Natural Resource” and “Natural Resources” shall mean land, fish,
mammals, birds, wildlife, biota, air, water, ground water, drinking water supplies,
and other such resources belonging to, managed by, held in trust by, appertaining
to, or otherwise controlled by the United States and/or the State or any
subdivision thereof, and shall also mean the services provided by such resources
to other resources or to humans;
“Natural Resource Damages” or “NRD” shall mean all damages, including
restoration or rehabilitation costs, recoverable by the United States or State
Trustees for injuries to, destruction of, loss of, or loss of use of, natural resources
including any services such natural resources provide, including the reasonable
costs of assessing the damage, as described in 33 U.S.C. § 2702(b)(2)(A),
resulting from the Refugio Incident;
“Natural Resource Damage Assessment” or “NRDA” shall mean the
process of collecting, compiling, and analyzing information, statistics, or data
through prescribed methodologies to determine damages for injuries to Natural
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
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Resources, as described in 15 C.F.R. Part 990, resulting from the Refugio
Incident;
“NRD Payment” shall mean the payment Defendants are required to pay
for the Natural Resource Damages as described in Section VI (Natural Resource
Damages);
“Natural Resource Trustees” or “Trustees” are those federal and state
agencies or officials designated or authorized pursuant to the CWA, OPA, and/or
applicable state laws to act as Trustees for the Natural Resources belonging to,
managed by, controlled by, or appertaining to the United States or the State.
Participating Trustees in the Natural Resource Damage Assessment and in this
Consent Decree are DOI, NOAA, CDFW, CDPR, CSLC, and UC;
“NOAA” shall mean the National Oceanic and Atmospheric
Administration and any of its successor departments or agencies;
“Oil Spill Liability Trust Fund” or “OSLTF” shall mean, inter alia, the
fund established pursuant to 26 U.S.C. § 9509, including the claim-
reimbursement provisions set forth in 33 U.S.C. § 2712;
“OSFM” shall mean the California Department of Forestry and Fire
Protection’s - Office of the State Fire Marshal and any of its successor
departments or agencies;
“Paragraph” shall mean a portion of this Consent Decree identified by an
Arabic numeral;
“Parties” shall mean the Plaintiffs and Defendants, collectively;
“PHMSA” shall mean the United States Department of Transportation,
Pipeline and Hazardous Materials Safety Administration and any of its successor
departments or agencies;
“PHMSA Corrective Action Order” or “PHMSA CAO” shall mean the
Original CAO issued on May 21, 2015, by PHMSA, which was subsequently
amended on June 3, 2015, November 12, 2015, and June 16, 2016;
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
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“Pipeline Safety Laws” shall mean 49 U.S.C. §§ 60101 et seq., and
regulations promulgated thereunder, including 49 C.F.R. Parts 190-199;
“Plaintiffs” shall mean the United States and the State Agencies;
“Refugio Incident” shall mean the release of approximately 2,934 barrels
of crude-oil from Plains’ Line 901 Pipeline, in Santa Barbara County, California
on or about May 19, 2015;
“Regulated Pipeline” shall mean any pipeline operated by Plains subject to
regulation under 49 C.F.R. Subchapter D, 19 California Code of Regulations Div.
1 Ch. 14, or the pipeline safety regulations of any other state certified by PHMSA
pursuant to 49 U.S.C. § 60105, but excludes facilities other than pipelines;
“Requests for Information” or “RFI” shall mean PHMSA’s RFIs dated
August 19, 2015, August 21, 2015, and September 1, 2016. RFIs shall also refer
to PHMSA’s subpoenas issued to Plains dated July 27, 2016 and June 2, 2017;
“Restore” or “Restoration” shall mean any action or combination of actions
to restore, rehabilitate, replace or acquire the equivalent of any Natural Resource
and its services, including Natural Resource-based recreational opportunities that
were injured, lost, or destroyed as a result of the Refugio Incident;
“RWQCB” shall mean the California Central Coast Regional Water
Quality Control Board and any of its successor departments or agencies;
“Section” shall mean a portion of this Consent Decree identified by a
Roman numeral;
“Segment” as stated in Appendix B shall mean any contiguous portion of a
pipeline system for which a single hydrostatic test or ILI may be performed, as
determined by Defendants;
“State Agencies” shall mean the People of the State of California, Ex
Relatione CDFW, CDPR, CSLC, OSFM, RWQCB, and UC. The State Agencies
do not include any entity or political subdivision of the State of California other
than those agencies herein designated the “State Agencies”;
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
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“State Trustees” shall mean CDFW, CDPR, CSLC, and UC in their
capacities as Natural Resource Trustees;
“United States” shall mean the United States of America, on behalf of
PHMSA, EPA, DOI, NOAA, and USCG;
“UC” shall mean The Regents of the University of California and any of its
successor departments or agencies; and
“USCG” shall mean the United States Coast Guard and any of its
successor departments or agencies.
V. CIVIL PENALTIES
A. Within thirty (30) Days after the Effective Date, Defendants shall pay to
the United States, CDFW, and RWQCB a total civil penalty of twenty-four
million dollars ($24,000,000), together with interest accruing from the date on
which the Consent Decree is lodged with the Court, at a rate specified in 28
U.S.C. § 1961 (the “Penalty Payment”). The Penalty Payment shall be allocated
as follows:
8. Penalty Payment to the United States (PHMSA). For violations of
the Pipeline Safety Laws alleged in the United States’ Complaint, Defendants
shall pay to the United States a civil penalty of fourteen million five hundred
thousand dollars ($14,500,000), together with a proportionate share of the interest
accrued on the Penalty Payment. The Penalty Payment shall be made as follows:
a. Thirteen million two hundred fifty thousand dollars
($13,250,000) attributed to Plains’ alleged Pipeline Safety Law
violations; and
b. One million two hundred fifty thousand dollars ($1,250,000)
attributed to Plains’ alleged non-compliance with the RFIs.
c. Payment shall be made by FedWire Electronic Funds Transfer
(“EFT”) to the United States Department of Justice in accordance
with written instructions to be provided to Defendants by the
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
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Financial Litigation Unit (“FLU”) of the United States Attorney’s
Office for the Central District of California Western Division after
the Effective Date. The payment instructions provided by the FLU
will include a Consolidated Debt Collection System (“CDCS”)
number, which Defendants shall use to identify all payments
required to be made in accordance with this Consent Decree. The
FLU will provide the payment instructions to:
Megan Prout
Senior Vice President
Commercial Law and Litigation
Plains All American Pipeline, L.P.
333 Clay Street, Suite 1600
Houston, TX 77002
on behalf of Defendants. Defendants may change the individual to
receive payment instructions on their behalf by providing written
notice of such change to the United States in accordance with
Section XX (Notices).
d. At the time of payment, Defendants shall send a copy of the
EFT authorization form and the EFT transaction record, together
with a transmittal letter, which shall state the payment is for the civil
penalty owed pursuant to this Consent Decree in the United States of
America and the People of the State of California v. Plains All
American Pipeline, L.P., et al., and shall reference the Civil Action
Number assigned to this case, CDCS Number, and DOJ case number
90-5-1-1-11340, to the United States in accordance with Section XX
(Notices).
9. Penalty Payment to the United States (EPA) shared with CDFW and
RWQCB. The Penalty Payment shall be allocated as follows:
a. As a CWA penalty for violations of 33 U.S.C. § 1321(b) and
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
- 14 -



Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 19 of 102 Page ID #:112
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the California statutes alleged in the Complaint other than California
Government Code § 8670.66(b), Defendants shall pay a civil penalty
of nine million four hundred fifty thousand dollars ($9,450,000),
together with a proportionate share of the interest accrued on the
Penalty Payment. The Penalty Payment shall be made as follows:
1) To CDFW, one million twenty-five thousand dollars
($1,025,000), together with a proportionate share of the
interest accrued on the Penalty Payment. The Penalty
Payment shall be made by check payable to California
Department of Fish and Wildlife. The check shall be sent by
overnight or certified mail to:
California Department of Fish and Wildlife
Office of Spill Prevention and Response
Attn: Katherine Verrue-Slater, Senior Counsel
P.O. Box 160362
Sacramento, California 95816-0362
The check shall reference the “Refugio Oil Spill.” CDFW
shall deposit the money as follows: one million dollars
($1,000,000) into the Environmental Enhancement Fund
pursuant to California Government Code § 8670.70; and
twenty-five thousand dollars ($25,000) into the Fish and
Wildlife Pollution Account pursuant to California Fish and
Game Code §§ 12017 and 13011.
2) To RWQCB, two million five hundred thousand dollars
($2,500,000), together with a proportionate share of the
interest accrued on the Penalty Payment. The Penalty
Payment shall be made by check payable to the “State Water
Pollution Cleanup and Abatement Account” and sent to:
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
- 15 -



Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 20 of 102 Page ID #:113
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State Water Resources Control Board
Division of Administrative Services, ATTN: Civil
Liability Payment
P.O. Box 1888
Sacramento, California 95812-1888
The check shall reference the “Refugio Oil Spill.”
3) To the United States, five million nine hundred twenty-
five thousand dollars ($5,925,000), together with a
proportionate share of the interest accrued on the Penalty
Payment, by EFT to the United States Department of Justice, in
accordance with instructions to be provided to Defendants by
the FLU of the United States Attorney’s Office for the Central
District of California Western Division. Such monies are to be
deposited in the OSLTF. The Penalty Payment shall reference
the Civil Action Number assigned to this case, DOJ case
number 90-5-1-1-11340, and USCG reference numbers FPNs
A15017 and A15018, and shall specify that the payment is
made for CWA civil penalties to be deposited into the OSLTF
pursuant to 33 U.S.C. § 1321(s), Section 4304 of Pub. L. No.
101-380, and 26 U.S.C. § 9509(b)(8). Any funds received after
11:00 a.m. Eastern Standard Time shall be credited on the next
business day. Defendants shall simultaneously provide notice
of payment in writing, together with a copy of any transmittal
documentation to EPA and the United States in accordance with
Section XX (Notices) of this Consent Decree, and to EPA by
email to acctsreceivable.CINWD@epa.gov and to EPA and the
National Pollution Funds Center at the following addresses:
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
- 16 -



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Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 21 of 102 Page ID #:114
U.S. Environmental Protection Agency
Cincinnati Finance Office
26 Martin Luther King Drive
Cincinnati, Ohio 45268
and
Patricia V. Kingcade
Attorney Advisor
National Pollution Funds Center
U.S. Coast Guard
2703 Martin Luther King Jr. Avenue SE
Washington, D.C. 20593-7605
10. Penalty Payment to be Paid to CDFW. For alleged violations of
California Government Code § 8670.25.5, Defendants shall pay a civil penalty
pursuant to California Government Code § 8670.66(b) of fifty thousand dollars
($50,000) together with a proportionate share of the interest accrued on the
Penalty Payment. The Penalty Payment shall be made by check payable to
California Department of Fish and Wildlife. The check shall be sent by overnight
or certified mail to:
California Department of Fish and Wildlife
Office of Spill Prevention and Response
Attn: Katherine Verrue-Slater, Senior Counsel
P.O. Box 160362
Sacramento, California 95816-0362
The check shall reference the “Refugio Oil Spill.” CDFW shall deposit the
money into the Environmental Enhancement Fund pursuant to California
Government Code § 8670.70.
11. Defendants shall not deduct or capitalize any penalties paid under
this Section or under Section XI (Stipulated Penalties) in calculating their federal
or state income taxes.
VI. NATURAL RESOURCE DAMAGES
12. Within thirty (30) Days after the Effective Date, Defendants shall
pay an NRD Payment of twenty-two million three hundred twenty-five thousand
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
- 17 -



Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 22 of 102 Page ID #:115
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dollars ($22,325,000) together with interest accruing from November 16, 2018, at
a rate specified in 28 U.S.C. § 1961. The NRD Payment shall be allocated as
follows:
a. To DOI, eighteen million four hundred twenty-two thousand
dollars ($18,422,000) together with a proportionate share of the
interest accrued on the NRD Payment. Such payment shall be used
by the Trustees for the purposes set forth in Section VII (Trustees’
Management and Applicability of Joint NRD Funds). Defendants
shall make such payment by EFT to the United States Department of
Justice in accordance with instructions that the FLU of the United
States Attorney’s Office for the Central District of California
Western Division shall provide to Defendants following the
Effective Date of this Consent Decree by this Court. At the time of
payment, Defendants shall simultaneously send written notice of
payment and a copy of any transmittal documentation to the
Trustees in accordance with Section XX (Notices) of this Consent
Decree and to:
Department of the Interior
Natural Resource Damage Assessment and
Restoration Program
Attention: Restoration Fund Manager
1849 “C” Street, N.W. Mail Stop 4449
Washington, D.C. 20240
The EFT and transmittal documentation shall reflect that the
payment is being made to the Department of the Interior Natural
Resources Damage Assessment and Restoration Fund (“Restoration
Fund”), Account Number 14X5198. DOI will maintain these funds
as a segregated subaccount named REFUGIO BEACH OIL SPILL
NRD Subaccount within the Restoration Fund.
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
- 18 -



Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 23 of 102 Page ID #:116
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b. To CDPR, two million eighty-four thousand dollars
($2,084,000) together with a proportionate share of the interest
accrued on the NRD Payment, for deposit into the State Park
Contingent Fund. Payment shall be made by check payable to the
California Department of Parks and Recreation. At the time of
payment, Defendants shall simultaneously send written notice of
payment and a copy of any transmittal documentation to the
Trustees in accordance with Section XX (Notices) of this Consent
Decree. The check shall be sent by overnight or certified mail to:
The California Department of Parks and
Recreation
Attn: Laura Reimche, Senior Counsel
1416 Ninth Street, Room 1404-6
Sacramento, California 95814
The check shall reference the “Refugio Beach Oil Spill” and reflect
that it is a payment to the State Parks Contingent Fund. CDPR shall
use such monies to fund appropriate projects within State Parks’
properties from Gaviota to El Capitan State Park to compensate for
recreation losses resulting from the Refugio Incident. CDPR shall
manage such monies in accordance with Section VIII (Trustees’
Management of Recreational Use Funds).
c. To the National Fish and Wildlife Foundation (“NFWF”), one
million seven hundred ninety-three thousand dollars ($1,793,000)
together with a proportionate share of the interest accrued on the
NRD Payment, on behalf of the State Trustees for deposit into the
California South Coast Shoreline Parks and Outdoor Recreational
Use Account established by NFWF. Payment shall be made by
check payable to the National Fish and Wildlife Foundation. At the
time of payment, Defendants shall simultaneously send written
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
- 19 -



Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 24 of 102 Page ID #:117
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notice of payment and a copy of any transmittal documentation to
the Trustees in accordance with Section XX (Notices) of this
Consent Decree. The check shall be sent by overnight or certified
mail to:
California Department of Fish and Game
Office of Spill Prevention and Response
Attn: Katherine Verrue-Slater, Senior Counsel
P.O. Box 160362
Sacramento, California 95816-0362
The check shall reference the “Refugio Beach Oil Spill” and reflect
that it is a payment to the California South Coast Shoreline Parks
and Outdoor Recreational Use Account. The California South Coast
Shoreline Parks and Outdoor Recreational Use Account shall be
managed in accordance with the South Coast Shoreline Parks and
Outdoor Recreational Use Account Memorandum of Agreement
among the State Trustees and NFWF and shall be used by the
Trustees for the purposes set forth in Section VIII (Trustees’
Management of Recreational Use Funds).
d. To UC, twenty-six thousand dollars ($26,000) together with a
proportionate share of the interest accrued on the NRD Payment, for
deposit into Natural Reserve System Account. Payment shall be
made by check payable to The Regents of the University of
California. At the time of payment, Defendants shall simultaneously
send written notice of payment and a copy of any transmittal
documentation to the Trustees in accordance with Section XX
(Notices) of this Consent Decree. The check shall be sent by
overnight or certified mail to:
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
- 20 -



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Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 25 of 102 Page ID #:118
The Regents of the University of California
Attn: Michael Kisgen, Associate Director
Natural Reserve System
University of California, Office of the President
1111 Franklin Street, 6th Floor
Oakland, California 94607-5200
The check shall reference the “Refugio Beach Oil Spill” and reflect
that it is a payment to the Natural Reserve System Account. The
University of California Natural Reserve System will administer the
monies to fund projects selected by the University of California in
coordination with the Trustees. The projects shall address the
research, education, and outreach missions of the University of
California. UC shall manage such monies in accordance with
Section VIII (Trustees’ Management of Recreational Use Funds).
13. The NRD Payment is in addition to the NRDA costs incurred by the
Trustees through November 15, 2018, which have been separately reimbursed by
Defendants. To date, Plains has paid approximately ten million dollars
($10,000,000) for NRDA costs incurred by the Trustees through November 15,
2018.
VII. TRUSTEES’ MANAGEMENT AND APPLICABILITY OF JOINT
NRD FUNDS
14. DOI shall, in accordance with law, manage and invest funds in the
REFUGIO BEACH OIL SPILL NRD Subaccount, paid pursuant to Paragraph
12, and any return on investments or interest accrued on the REFUGIO BEACH
OIL SPILL NRD Subaccount for use by the Natural Resource Trustees in
connection with Restoration of Natural Resources affected by the Refugio
Incident. DOI shall not make any charge against the REFUGIO BEACH OIL
SPILL NRD Subaccount for any investment or management services provided.
15. DOI shall hold all funds in the REFUGIO BEACH OIL SPILL NRD
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
- 21 -



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Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 26 of 102 Page ID #:119
Subaccount, including return on investments or accrued interest, subject to the
provisions of this Consent Decree.
16. The Natural Resource Trustees commit to the expenditure of the
funds set forth in Paragraph 12 for the design, implementation, permitting (as
necessary), monitoring, and oversight of Restoration projects and for the costs of
complying with the requirements of the law to conduct a Restoration planning
and implementation process. The Natural Resource Trustees will use the funds to
Restore, rehabilitate, replace or acquire the equivalent of any Natural Resource
and its services, including lost human use of such services, injured, lost, or
destroyed as a result of the Refugio Incident and for the administration and
oversight of these Restoration projects.
17. The specific projects or categories of projects will be contained in a
Restoration Plan prepared and implemented jointly by the Trustees, for which
public notice, opportunity for public input, and consideration of public comment
will be provided. Plains shall have no responsibility nor liability for
implementation of the Restoration Plan or projects relating to the Refugio
Incident, including any future project costs other than the payments set forth in
Section VII herein. The Trustees jointly retain the ultimate authority and
responsibility to use the funds in the REFUGIO BEACH OIL SPILL NRD
Subaccount to Restore Natural Resources in accordance with applicable law, this
Consent Decree, and any memorandum or other agreement among them.
VIII. TRUSTEES’ MANAGEMENT OF RECREATIONAL USE
FUNDS
18. CDPR shall allocate the monies paid pursuant to Paragraph 12 for
projects providing human use benefits and for the oversight of those projects in
accordance with a Restoration Plan prepared and implemented jointly by the
Trustees, this Consent Decree, and in accordance with applicable law and any
Trustee memorandum or other agreement among them.
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
- 22 -



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Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 27 of 102 Page ID #:120
19. The State Trustees shall allocate the funds in the Recreational Use
Account held by NFWF for projects providing human use benefits and for the
oversight of those projects in accordance with a Restoration Plan prepared and
implemented jointly by the Trustees, this Consent Decree, and in accordance with
applicable law and any Trustee memorandum or other agreement among them.
20. UC shall allocate the monies paid pursuant to Paragraph 12 for
research, education, and outreach projects in accordance with a Restoration Plan
prepared and implemented jointly by the Trustees, this Consent Decree, and in
accordance with applicable law and any Trustee memorandum or other
agreement among them.
IX. INJUNCTIVE RELIEF
21. Plains agrees to implement the injunctive relief set forth in
Appendix B to this Consent Decree for Plains’ Regulated Pipelines.
22. Material Changes to Plains’ IMP.
a. Plains’ Integrity Management Plan shall serve as the baseline
IMP for purposes of this Consent Decree. Plains agrees that it will
not make any material changes to the following parts of the IMP
throughout the term of this Consent Decree without following the
process set forth in this Paragraph:
1) Procedure for the Assessment of In-Line Inspection
(“ILI”) Results;
2) Section 9.5, “Continual Evaluation and Assessment of
Pipeline Integrity;”
3) White Papers 32-200.09-S001, “Reassessment Interval
Determination on Pipelines with Possible Shielded Coatings,”
and 32-200.09-S002, “Reassessment Interval Determination on
Pipelines with Possible Corrosion Under Insulation;”
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
- 23 -



Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 28 of 102 Page ID #:121
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4) Section 11.3, “Conducting Preventive and Mitigative
Evaluation Meetings;”
5) Section 11.4, “Documentation of P&M Evaluation
Meetings;” and
6) Section 11.6, “Implementation of P&M
Recommendations.”
For purposes of this Paragraph, the term “material change” refers to
any substantive modification in the IMP Procedures that could affect
the outcome or effect of a particular procedure or requirement.
b. At least thirty (30) Days prior to making a material change to
the above sections of the IMP, Defendants shall provide written
notice to PHMSA that includes a copy of the proposed change(s). In
the event PHMSA provides a written objection to Defendants’ notice
prior to the effective date of the material change and they cannot
informally resolve the matter, Defendants shall have the right to
submit the issue to Dispute Resolution (Section XIII).
c. In the event Plains cannot reasonably provide the thirty (30)
Day notice of material modification to the IMP described in
Subparagraph 22.b due to an unanticipated emergency, Plains shall
provide written notice to PHMSA within seven (7) Days of the
material change, stating the basis for the abbreviated notice. In the
event PHMSA provides a written objection to Defendants’
modification, Defendants shall have the right to submit the issue to
Dispute Resolution (Section XIII).
d. In the event PHMSA provides a written objection to a
material modification of Defendants’ IMP, PHMSA and Defendants
shall have sixty (60) Days for informal consultation. The parties
may mutually agree to extend the period by no more than thirty (30)
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
- 24 -



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Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 29 of 102 Page ID #:122
Days. Following the notice period specified in Subparagraphs 22.b
and 22.c, Defendants may implement the modification until the
dispute is resolved. If the dispute is not resolved as a result of the
informal consultation, PHMSA or Defendants may invoke Dispute
Resolution pursuant to Section XIII. Stipulated penalties shall not
accrue during the informal consultation period described in this
Paragraph.
23. Material Changes in Control Room Management Plan and Control
Center General Procedures.
a. Plains’ Control Room Management Plan and Control Center
General Procedures (collectively, “Control Center Plan and
Procedures”) shall serve as the baseline Control Center Plan and
Procedures for purposes of this Consent Decree. Plains agrees that it
will not make any material changes to sections 6.5.5, 6.6.8, 8, 9.6.4,
9.6.9, 9.6.13, and 9.6.14 of its Control Room Management Plan and
procedures 100-2, 100-8, 100-9, 200-1, 300-1, 300-3, 300-5, 400-0,
and 500-12 of its Control Center General Procedures throughout the
term of this Consent Decree without following the process set forth
in this Paragraph. For purposes of this Paragraph, the term “material
change” refers to any substantive modification in the Control Center
Plan and Procedures that could affect the outcome or effect of a
particular procedure or requirement.
b. At least thirty (30) Days prior to making a material
modification to the above sections of its Control Room
Management Plan and Control Center General Procedures,
Defendants shall provide written notice to PHMSA that includes a
copy of the proposed change(s). In the event PHMSA provides a
written objection to Defendants’ notice prior to the effective date of
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
- 25 -



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Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 30 of 102 Page ID #:123
the material change(s), Defendants shall have the right to submit the
issue to Dispute Resolution (Section XII).
c. In the event Plains cannot reasonably provide the thirty (30)
Day notice of material modification to the Control Room
Management Plan and Control Center General Procedures described
in Subparagraph 23.b due to an unanticipated emergency, Plains
shall provide written notice to PHMSA within seven (7) Days of the
material modification, stating the basis for the abbreviated notice. In
the event PHMSA provides a written objection to Defendants’
modification, Defendants shall have the right to submit the issue to
Dispute Resolution (Section XIII).
d. In the event PHMSA provides a written objection to a
material modification of Defendants’ Control Room Management
Plan and Control Center General Procedures, PHMSA and
Defendants shall have sixty (60) Days for informal consultation.
The parties may mutually agree to extend the period by no more
than thirty (30) Days. Following the notice period specified in
Subparagraphs 23.b and 23.c, Defendants may implement the
modification until the dispute is resolved. If the dispute is not
resolved as a result of the informal consultation, PHMSA or
Defendants may invoke Dispute Resolution pursuant to Section XIII.
Stipulated penalties shall not accrue during the informal consultation
period described in this Paragraph.
24. Where any compliance obligation under this Consent Decree requires
Defendants to obtain a federal, state, or local permit or approval, Defendants shall
submit timely applications and take all other actions reasonably necessary to obtain
all such permits or approvals. Defendants may seek relief under the provisions of
Section XII (Force Majeure) for any delay in the performance of any such
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
- 26 -



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Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 31 of 102 Page ID #:124
obligation resulting from a failure to obtain, or a delay in obtaining, any permit or
approval required to fulfill such obligation, if Defendants have submitted timely
applications and have taken all other actions reasonably necessary to obtain all
such permits or approvals.
X. CORRECTIVE ACTION ORDER
25. Upon the Effective Date of this Consent Decree, the PHMSA CAO
shall close and be of no further force or effect. All outstanding terms and
obligations under the PHMSA CAO as of the Effective Date and which Plains is
still required to implement under this Consent Decree are set forth in Appendix D.
XI. STIPULATED PENALTIES
26. Unless excused under Section XII (Force Majeure), Defendants shall
be liable for stipulated penalties for violations of this Consent Decree as specified
below. A violation includes failing to perform any obligation required by the
terms of this Consent Decree according to all applicable requirements of this
Consent Decree and within the specified time schedules established by or
approved under this Consent Decree.
27. Late Payment of Civil Penalties and NRD Payment.
a. If Defendants fail to pay any portion of the Penalty Payment
to the United States required under Section V (Civil Penalties) when
due, Defendants shall pay to the United States a stipulated penalty of
ten thousand dollars ($10,000) per Day for each Day payment is
late.
b. If Defendants fail to pay any portion of the Penalty Payment
to the CDFW and/or RWQCB as required under Section V (Civil
Penalties) when due, Defendants shall pay to the CDFW and/or
RWQCB a stipulated penalty of ten thousand dollars ($10,000) each,
as applicable, per Day for each Day payment is late.
c. If Defendants fail to pay any portion of the NRD Payments
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
- 27 -



Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 32 of 102 Page ID #:125
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required under Section VI (Natural Resource Damages) when due,
Defendants shall pay a stipulated penalty of five thousand dollars
($5,000) to the United States, and five thousand dollars ($5,000) to
the State Trustees, per Day for each Day payment is late.
28. Stipulated Penalties for Non-Performance of Injunctive Relief.
Unless excused under Section XII (Force Majeure), the stipulated penalties
described in this Paragraph shall accrue per violation per Day for Defendants’
failure to perform the following injunctive relief required under Section IX
(Injunctive Relief) when due:
a. For failure to timely submit to OSFM the applications for
State waivers as specified in paragraphs 1.A, 1.B, 1.C, and 1.D of
Appendix B;
b. For failure to implement the Integrity Management provisions
as specified in paragraphs 4.A.1.a, e, f, g, h, and 4.A.2 of Appendix
B;
c. For failure to timely submit to OSFM the EFRD analyses as
specified in paragraphs 5.A-5.B of Appendix B;
d. For failure to timely submit to OSFM the risk analysis as
specified in paragraph 6.A of Appendix B;
e. For failure to timely submit to PHMSA the modified Section
9.5 of Plains’ IMP, as specified in paragraph 9.A.3 of Appendix B;
f. For failure to timely submit to PHMSA the modified P&M
Recommendation forms, as specified in paragraph 9.B of Appendix
B;
g. For failure to timely conduct EFRD analyses for all Regulated
Pipelines for which Plains has not previously conducted an EFRD
analysis, as specified in paragraph 10.A of Appendix B;
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
- 28 -



Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 33 of 102 Page ID #:126
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h. For failure to timely have in place revised valve maintenance
procedures, as specified in paragraph 10.B of Appendix B;
i. For failure to timely create a list of rupture detection methods
utilized, as specified in paragraph 11.A of Appendix B;
j. For failure to timely conduct annual training for controllers on
attributes and benefits of various methods of leak detection,
including Analog High/Low Threshold, Alarm Deadband, Creep
Deviation, and Analog Rate of Change, as specified in paragraph
11.B of Appendix B;
k. For failure to timely submit to PHMSA the computational
pipeline monitoring (“CPM”) systems analysis, as specified in
paragraph 11.C of Appendix B;
l. For failure to timely submit to PHMSA the selection of leak
detection method procedure, as specified in paragraph 11.D of
Appendix B;
m. For failure to hold or document periodic (at least annual)
meetings regarding potential improvements to leak detection, as
provided in paragraph 11.E of Appendix B;
n. For failure to timely have in place a procedure for tracking
when instrumentation has been impeded, as provided in paragraph
11.F of Appendix B;
o. For failure to complete, prior to resuming operations on Lines
901 or 903, the items identified in paragraph 12.A.1-4 of Appendix
B;
p. For failure to timely submit to OSFM confirmation that all
alarm descriptors are accurate, as specified in paragraph 12.B of
Appendix B;
q. For failure to timely conduct the surveys and update the
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
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emergency response plans, as specified in paragraph 13.B.1 of
Appendix B;
r. For failure to timely provide emergency response training to
employees, as specified in paragraph 13.B.2 of Appendix B;
s. For failure to timely provide control room supervisor training,
as specified in paragraph 13.B.4 of Appendix B;
t. For failure to timely submit to PHMSA and/or OSFM, and/or
OSPR, as applicable, notice of drills, as specified in paragraph
13.B.5 of Appendix B, provided that the penalty under this
subsection shall not exceed one Day per drill;
u. For failure to timely submit to PHMSA the third-party Safety
Management System report, as specified in paragraph 14.A.1 of
Appendix B;
v. For failure to timely review and revise the drug and alcohol
misuse plans, as specified in paragraph 15 of Appendix B;
w. For failure to timely submit to PHMSA notice of any material
modification to the IMP, as required by Paragraph 22; and
x. For failure to timely submit to PHMSA notice of any material
modification to the Control Room Management Plan or Control
Center General Procedures, as required by Paragraph 23;
y. The penalties stipulated in this Section shall accrue as
follows:
Penalty Per Violation Per Day Period of
Noncompliance
$2,000 penalty per Day 1st to 30th Day
$4,000 penalty per Day 31st to 60th Day
$5,500 penalty per Day 61st Day and beyond
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
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29. Stipulated Penalties for Non-Compliance with Corrective Action
Order Terms. Unless excused under Section XII (Force Majeure), the stipulated
penalties described in this Paragraph shall accrue per violation per Day for
Defendants’ failure to perform the following injunctive relief required under
Section X (Corrective Action Order) when due:
a. For operation of Line 901 in violation of paragraph 1.a of
Appendix D;
b. For failure to timely submit to OSFM a Line 901 Restart Plan,
as specified by paragraph 1.b of Appendix D;
c. For failure to comply with the operating pressure restriction,
including requirements for removal of the pressure restriction, for
Line 901 specified by paragraphs 1.c and 1.d of Appendix D;
d. For operation of Line 903, in violation of paragraph 1.e of
Appendix D;
e. For failure to timely submit to OSFM a Line 903 Restart Plan,
as specified by paragraph 1.f of Appendix D;
f. For failure to comply with the operating pressure restriction,
including requirements for removal of the pressure restriction, for
Line 903 specified by paragraphs 1.g and 1.h of Appendix D;
g. For failure to timely submit to OSFM any notification
specified by paragraph 1.i of Appendix D; and
h. For failure to submit to OSFM a final Appendix D
Documentation Report, as specified by paragraph 1.j of Appendix D.
i. The penalties stipulated in this Section shall accrue as
follows:
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
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Penalty Per Violation Per Day Period of
Noncompliance
$2,000 penalty per Day 1st to 30th Day
$4,000 penalty per Day 31st to 60th Day
$5,500 penalty per Day 61st Day and beyond
30. Defendants shall pay stipulated penalties due pursuant to this
Section within thirty (30) Days of a written demand.
31. For stipulated penalties accrued pursuant to Subparagraphs 27.a,
28.e, 28.f, 28.g, 28.h, 28.i, 28.j, 28.k, 28.l, 28.m, 28.n, 28.s, 28.t, 28.u, 28.v, 28.w,
or 28.x of this Consent Decree, the United States shall have the right to issue a
written demand for stipulated penalties, and Defendants must pay to the United
States the full amount of any stipulated penalties due and will not be liable to the
State Agencies for any such stipulated penalties.
32. For stipulated penalties accrued pursuant to Subparagraph 27.b of
this Consent Decree, only CDFW and RWQCB shall have the right to issue a
written demand for stipulated penalties and Defendants must pay to the CDFW
and RWQCB the full amount of any stipulated penalties due and will not be
liable to United States for any such stipulated penalties.
33. For stipulated penalties accrued pursuant to Subparagraphs 28.a,
28.b, 28.c, 28.d, 28.o, 28.p, or Paragraph 29 of this Consent Decree, only OSFM
shall have the right to issue a written demand for stipulated penalties, and
Defendants must pay to OSFM the full amount of any stipulated penalties due
and will not be liable to United States for any such stipulated penalties.
34. For stipulated penalties accrued pursuant to Paragraphs 28.q, 28.r,
28.t, or Paragraph 30 of this Consent Decree, the United States, CDFW, OSFM,
or all, may demand stipulated penalties by sending a joint or individual written
demand to Defendants, with a copy simultaneously sent to the other Plaintiff(s).
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
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a. Where only one or two of the Plaintiffs referenced in
Paragraph 35 demand stipulated penalties under Paragraph 35, a
copy of the demand will simultaneously be sent to the remaining
Plaintiff(s) and they will have forty-five (45) Days to join in the
demand.
b. Where multiple Plaintiffs referenced in Paragraph 35 demand
stipulated penalties for the same violation, Defendants shall pay fifty
(50) percent to each of the demanding Plaintiffs (when two Plaintiffs
join in the demand); one third to each demanding Plaintiff (when all
three Plaintiffs join in the demand); or as allocated by the United
States, CDFW, and OSFM.
c. Where only one Plaintiff referenced in Paragraph 35 demands
stipulated penalties, and the other Plaintiffs do not join in the
demand within forty-five (45) Days of receiving the demand,
Defendants shall pay one hundred (100) percent to the Plaintiff
making the demand.
d. If a Plaintiff joins in the demand within forty-five (45) Days
but subsequently elects to waive or reduce stipulated penalties, in
accordance with Paragraphs 38 or 39 for that violation, Defendants
shall not be liable for such portion of the stipulated penalties waived
or reduced by such Plaintiff and shall be liable for any stipulated
penalties due to the other Plaintiffs joining such demand pursuant to
the allocation set forth in Subparagraph 34(b).
35. For stipulated penalties arising from a failure to perform obligations
pursuant to Subparagraph 27.c, the United States and the State Trustees may
demand stipulated penalties by sending a joint written demand to Defendants.
36. For all payments made pursuant to this Section, Defendants must
follow the payment instructions set forth in Section V (Civil Penalties). Any
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
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transmittal correspondence shall state that payment is for stipulated penalties and
shall identify the date of the written demand to which the payment corresponds.
37. Stipulated penalties under this Section shall begin to accrue on the
Day after the performance is due or on the day a violation occurs, whichever is
applicable, and shall continue to accrue until performance is satisfactorily
completed, or until the violation ceases. Stipulated penalties shall accrue
simultaneously for separate violations of this Consent Decree.
38. The United States may, in the unreviewable exercise of its
discretion, reduce or waive stipulated penalties otherwise due to the United States
under this Consent Decree.
39. The applicable State Agencies may, in the unreviewable exercise of
their discretion, reduce or waive stipulated penalties otherwise due to the
applicable State Agencies under this Consent Decree.
40. Stipulated penalties shall continue to accrue as provided in
Paragraphs 27 through 29, during any Dispute Resolution, but need not be paid
until the following:
a. If the dispute is resolved by agreement or by a decision of the
United States or the State Agencies, as applicable, that is not
appealed to the Court, Defendants shall pay accrued penalties
determined to be owing to the United States or the State Agencies,
as applicable, together with interest, within thirty (30) Days of the
effective date of the agreement or the receipt of the United States’ or
the State Agencies’ decision.
b. If the dispute is appealed to the Court and the Plaintiffs
prevail in whole or in part, Defendants shall pay all accrued
penalties determined by the Court to be owing, together with
interest, within sixty (60) Days of receiving the Court’s decision or
order, except as provided in Subparagraph c, below.
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
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c. If any Party appeals the Court’s decision and a Plaintiff
prevails in whole or in part, Defendants shall pay all accrued
penalties determined to be owing, together with interest, within
fifteen (15) Days of receiving the final appellate court decision.
41. If Defendants fail to pay stipulated penalties according to the terms
of this Consent Decree, Defendants shall be liable for interest on such penalties,
as provided for in 28 U.S.C. § 1961, accruing as of the date payment became due.
Nothing in this Paragraph shall be construed to limit the United States or the
State Agencies from seeking any remedy otherwise provided by law for
Defendants’ failure to pay any stipulated penalties.
42. The payment of stipulated penalties, if any, shall not alter in any
way Defendants’ obligation to complete the performance of the requirements of
this Consent Decree.
43. Subject to the provisions of Section XVII (Effect of
Settlement/Reservation of Rights) of this Consent Decree, the stipulated penalties
provided for in this Consent Decree shall be in addition to any other rights,
remedies, or sanctions available to the United States or the State Agencies
(including, but not limited to, statutory penalties, additional injunctive relief,
mitigation or offsets measures, and/or contempt) for Defendants’ violation of this
Consent Decree or applicable laws.
XII. FORCE MAJEURE
44. “Force Majeure,” for purposes of this Consent Decree, is defined as
any event arising from causes beyond the control of Defendants, of any entity
controlled by Defendants, or of Defendants’ contractors that delays or prevents
the performance of any obligation under this Consent Decree despite Defendants’
best efforts to fulfill the obligation. The requirement that Defendants exercise
“best efforts to fulfill the obligation” includes using best efforts to anticipate any
potential Force Majeure event and best efforts to address the effects of any
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
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potential Force Majeure event (a) as it is occurring and (b) following the potential
Force Majeure, such that the delay and any adverse effects of the delay are
minimized. “Force Majeure” does not include Defendants’ financial inability to
perform any obligation under this Consent Decree.
45. If any event occurs or has occurred that may delay the performance
of any obligation under this Consent Decree, whether or not caused by a Force
Majeure event, Defendants shall provide notice orally or by electronic
transmission to the relevant Plaintiff(s), within five (5) Days of when Defendants
first knew that the event might cause a delay. Within ten (10) Days thereafter,
Defendants shall provide in writing to such Plaintiffs an explanation and
description of the reasons for the delay; the anticipated duration of the delay; the
actions taken or to be taken to prevent or minimize the delay; a schedule for
implementation of any measures to be taken to prevent or mitigate the delay or
the effect of the delay; Defendants’ rationale for attributing such delay to a Force
Majeure event if it intends to assert such a claim; and a statement as to whether,
in the opinion of Defendants, such event may cause or contribute to an
endangerment to public health, welfare or the environment. Defendants shall
provide with any notice the documentation that Defendants are relying on to
support the claim that the delay was attributable to a Force Majeure event.
Failure to comply with the above requirements shall preclude Defendants from
asserting any claim of Force Majeure for that event for the period of time of such
failure to comply, and for any additional delay caused by such failure.
Defendants shall be deemed to know of any circumstance of which Defendants,
any entity controlled by Defendants, or Defendants’ contractors knew or should
have known.
46. If Plaintiffs agree that the delay or anticipated delay is attributable to
a Force Majeure event, the time for performance of the obligations under this
Consent Decree that are affected by the Force Majeure event will be extended by
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
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Plaintiffs for such time as is necessary to complete those obligations. An
extension of the time for performance of the obligations affected by the Force
Majeure event shall not, of itself, extend the time for performance of any other
obligation. Plaintiffs will notify Defendants in writing of the length of the
extension, if any, for performance of the obligations affected by the Force
Majeure event.
47. If Plaintiffs do not agree that the delay or anticipated delay has been
or will be caused by a Force Majeure event, Plaintiffs will notify Defendants in
writing of their decision.
48. If Defendants elect to invoke the Dispute Resolution procedures set
forth in Section XIII (Dispute Resolution), in response to Plaintiffs’
determination in Paragraph 47 above, it shall do so no later than thirty (30) Days
after receipt of Plaintiffs’ notice. In any such proceeding, Defendants shall have
the burden of demonstrating by a preponderance of the evidence that the delay or
anticipated delay has been or will be caused by a Force Majeure event, that the
duration of the delay or the extension sought was or will be warranted under the
circumstances, that best efforts were exercised to avoid and mitigate the effects
of the delay, and that Defendants complied with the requirements of Paragraphs
44 and 45. If Defendants carry this burden, the delay at issue shall be deemed not
to be a violation by Defendants of the affected obligation of this Consent Decree
identified to Plaintiffs and the Court.
XIII. DISPUTE RESOLUTION
49. Unless otherwise expressly provided for in this Consent Decree, the
Dispute Resolution procedures of this Section shall be the exclusive mechanism
to resolve disputes arising under or with respect to this Consent Decree.
Defendants’ failure to seek resolution of a dispute under this Section shall
preclude Defendants from raising any such issue as a defense to an action by
Plaintiffs to enforce any obligation of Defendants arising under this Consent
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
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Decree.
50. Informal Dispute Resolution. Any dispute subject to Dispute
Resolution under this Consent Decree shall first be the subject of informal
negotiations. The dispute shall be considered to have arisen when Defendants
send the relevant Plaintiff(s) a written Notice of Dispute. Such Notice of Dispute
shall state clearly the matter in dispute. The period of informal negotiations shall
not exceed thirty (30) Days from the date the dispute arises, unless that period is
modified by written agreement. If the parties cannot resolve a dispute by
informal negotiations, then the position advanced by Plaintiffs shall be
considered binding unless, within forty-five (45) Days after the conclusion of the
informal negotiation period, Defendants invoke formal Dispute Resolution
procedures as set forth below.
51. Formal Dispute Resolution. Defendants shall invoke formal Dispute
Resolution procedures, within the time period provided in the preceding
Paragraph, by serving on Plaintiffs a written Statement of Position regarding the
matter in dispute. The Statement of Position shall include, but need not be
limited to, any factual data, analysis, or opinion supporting Defendants’ position
and any supporting documentation relied upon by Defendants.
52. Plaintiffs shall serve their Statement of Position within forty-five
(45) Days of receipt of Defendants’ Statement of Position. Plaintiffs’ Statement
of Position shall include, but need not be limited to, any factual data, analysis, or
opinion supporting that position and any supporting documentation relied upon
by Plaintiffs. Plaintiffs’ Statement of Position shall be binding on Defendants,
unless Defendants file a motion for judicial review of the dispute in accordance
with the following Paragraph.
53. Defendants may seek judicial review of the dispute by filing with the
Court and serving on the relevant Plaintiff(s), in accordance with Section XX
(Notices), a motion requesting judicial resolution of the dispute. The motion
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
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must be filed within thirty (30) Days of receipt of Plaintiffs’ Statement of
Position pursuant to the preceding Paragraph. The motion shall contain a written
statement of Defendants’ position on the matter in dispute, including any
supporting factual data, analysis, opinion, or documentation, and shall set forth
the relief requested and any schedule within which the dispute must be resolved
for orderly implementation of this Consent Decree.
54. Plaintiffs shall respond to Defendants’ motion within the time period
allowed by the Local Rules of this Court or by a schedule set by the Court.
Defendants may file a reply memorandum to the extent permitted by the Local
Rules.
55. Except as otherwise provided in this Consent Decree, in any dispute
brought under Paragraph 51, Defendants shall bear the burden of demonstrating
that its position complies with this Consent Decree, based on the Statements of
Position, and under applicable standards of review.
56. The invocation of Dispute Resolution procedures under this Section
shall not, by itself, extend, postpone, or affect in any way any obligation of
Defendants under this Consent Decree, unless and until final resolution of the
dispute so provides. Stipulated penalties with respect to the disputed matter shall
continue to accrue until the final resolution of the dispute. Payment shall be
stayed pending resolution of the dispute. If Defendants do not prevail on the
disputed issue, stipulated penalties shall be assessed and paid as provided in
Section XI (Stipulated Penalties).
XIV. REPORTING
57. After the Effective Date, by March 31 and September 30 of the
following years until termination of this Consent Decree per Section XXIV
(Termination), Defendants shall submit to the Plaintiffs in accordance with
Section XX (Notices) bi-annual reports that shall describe the status of
Defendants’ compliance with the Consent Decree, including implementation of
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
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the injunctive relief requirements set forth in Appendices B and D. The report
will be organized to show the measures taken to comply with each of the
requirements set forth in Appendices B and D, whether the measures were taken
timely, the status of any permitting action that may affect compliance with the
Consent Decree, and whether the measures taken have achieved compliance with
the requirement.
XV. CERTIFICATION
58. Each report submitted by Defendants under Section XIV (Reporting)
shall be signed by either the Chief Executive Officer, the President, an Executive
Vice President, a Senior Vice President, or General Counsel who is an authorized
representative of Defendants, and must contain the following statement:
I certify under penalty of law that this document and all
attachments were prepared under my direction or
supervision in accordance with a system designed to
assure that qualified personnel properly gather and
evaluate the information submitted. Based on any
personal knowledge and my inquiry of the person or
persons who manage the system, or those persons
directly responsible for gathering the information, the
information submitted is, to the best of my knowledge
and belief, true, accurate, and complete. I am aware that
there are significant penalties for submitting false
information, including the possibility of fine and
imprisonment for knowing violations.
XVI. INFORMATION COLLECTION AND RETENTION
59. Plaintiffs and their representatives shall have the right of entry into
any facility covered by this Consent Decree, at all reasonable times and upon
reasonable notice, upon presentation of credentials, to:
a. monitor the progress of activities required under this Consent
Decree;
b. verify any data or information submitted to the Plaintiffs in
accordance with the terms of this Consent Decree;
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
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c. obtain documentary evidence, including photographs and
similar data; and
d. assess Defendants’ compliance with this Consent Decree.
60. Until one (1) year after the termination of this Consent Decree,
Defendants shall retain, and shall instruct their contractors and agents to preserve
or deliver to Plains, all non-identical copies of all documents, records, or other
information (including documents, records, or other information in electronic
form) in their or their contractors’ or agents’ possession or control, or that come
into their or their contractors’ or agents’ possession or control, and that relate in
any manner to Defendants’ performance of their obligations under this Consent
Decree. At any time during this information-retention period, upon request by
the Plaintiffs, Defendants shall provide copies of any documents, records, or
other information required to be maintained under this Paragraph.
61. This Consent Decree in no way limits or affects any right of entry
and inspection, or any right to obtain information, held by the United States or
the State Agencies pursuant to applicable federal or state laws, regulations, or
permits, nor does it limit or affect any duty or obligation of Defendants to
maintain documents, records, or other information imposed by applicable federal
or state laws, regulations, or permits.
62. For any documents, records, or other information required to be
submitted to Plaintiffs pursuant to this Consent Decree, Plains may assert a claim
of business confidentiality or other protections applicable to the release of
information by Plaintiffs, covering part or all of the information required to be
submitted to Plaintiffs pursuant to this Consent Decree in accordance with, as
applicable, 49 C.F.R. Part 7, 49 C.F.R. Part 190, and 40 C.F.R Part 2. Plains
must mark the claim of confidentiality in writing on each page, and include a
statement specifying the grounds for each claim of confidentiality.
63. The federal agency Plaintiffs are subject to applicable laws
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Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
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governing the disclosure of information under the Freedom of Information Act
(“FOIA”) (5 U.S.C. § 552 et seq.). If a federal agency Plaintiff receives a request
pursuant to FOIA for records produced pursuant to the Consent Decree, that
Plaintiff will, to the extent permitted by law, treat those records as exempt from
disclosure, and give Defendants a reasonable opportunity to identify portions of
documents Defendants have claimed as confidential and that may be subject to
the request, and to specify the grounds for each claim of confidentiality. In
accordance with applicable regulations, if the federal agency Plaintiff determines
that the records are not exempt from disclosure, the Plaintiff shall provide notice
of the determination to Defendants prior to making any record available to the
public.
64. For documents provided to PHMSA under this Consent Decree,
Defendants need not provide redacted copies when the documents are produced.
Within fourteen (14) Days of notification from PHMSA of a FOIA request, or
such other time as agreed upon, Defendants will provide a copy of the relevant
records with confidential information redacted along with explanations of the
asserted grounds for confidentiality.
65. State Agency Plaintiffs are subject to the California Public Records
Act (“CPRA”) (California Government Code §§ 6250 et seq.). If a State Agency
Plaintiff receives a request pursuant to the CPRA for records produced pursuant
to the Consent Decree, that Plaintiff will, to the maximum extent permitted by
law, treat those records as exempt from disclosure, and give Defendants a
reasonable opportunity to submit redacted copies of the requested records. If the
Plaintiff determines that the records are not exempt from disclosure, the Plaintiff
shall provide notice of the determination to Defendants prior to making any
record available to the public.
66. The requirements of this Paragraph apply to Defendants’ production
of documents to PHMSA only. Defendants shall produce all documents required
United States of America and the People of the State of California v.
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to be produced in connection with this Consent Decree in, at Defendants’ option,
either native format via electronic media or secure file transfer protocol (“FTP”).
Any encryption or access restriction shall be on a container level only, i.e., only
the electronic media or the top-level folder containing the documents shall be
encrypted and Plaintiffs shall have unrestricted access to the files/folders within
the electronic media or the top-level folder without need for additional decryption
or access codes. Regardless of production method or encryption, individual
documents shall be produced in a manner that allows the Plaintiffs to view, print,
copy, save, download, and share each document within Plaintiffs’ own
environment without restriction, tracking or monitoring by Defendants, or
automatically generated changes to the document (e.g., without entering access
codes prior to each download, and without automatically generated watermarks
stating the download date and time).
67. At the conclusion of the information-retention period, Defendants
shall provide ninety (90) Days’ notice to Plaintiffs of Defendants’ resumption of
internal document destruction policies for documents, records, or other information
subject to the requirements of Paragraph 60.
68. [Intentionally left blank.]
XVII. EFFECT OF SETTLEMENT/RESERVATION OF RIGHTS
69. This Consent Decree resolves the civil claims of the United States
and the State Agencies for the matters alleged in the Complaint filed in this
action for the Refugio Incident.
70. Subject to the reservations of rights specified in Paragraph 71, this
Consent Decree also resolves all civil and administrative penalty claims that
could be brought by PHMSA, for violations of the Pipeline Safety Laws specified
below that occurred on any of Defendants’ Regulated Pipelines prior to January
28, 2019, the date that PHMSA’s ongoing “Integrated Inspection” of a portion of
Defendants’ Regulated Pipelines and other pipeline facilities began. The specific
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
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Pipeline Safety Laws subject to this Paragraph are the following (including other
regulations expressly incorporated therein):
a. 49 C.F.R. Part 194 Subpart B – Response Plans;
b. 49 C.F.R. Part 195 Subpart B – Reporting;
c. 49 C.F.R. Part 195 Subpart E – Pressure Testing;
d. 49 C.F.R. Part 195 Subpart F – Operation and Maintenance,
sections 195.402, 195.403, 195.404, 195.406, 195.408, 195.412,
195.420, 195.422, 195.428, 195.436, 195.442, 195.444, 195.446,
195.452;
e. 49 C.F.R. Part 195 Subpart G – Qualification of Pipeline
Personnel, as it relates to valve maintenance;
f. 49 C.F.R. Part 195 Subpart H – Corrosion Control;
g. 49 C.F.R. Part 199 – Drug and Alcohol Testing; and
h. All recordkeeping, documentation, and document production
requirements in the provisions listed in subsections 70.a-70.g, and
49 C.F.R. section 190.203 and Part 195.
71. The United States, on behalf of PHMSA, reserves all legal and
equitable remedies to address violations of the Pipeline Safety Laws described in
Paragraph 70 that occur on or after January 28, 2019, including violations that
may have begun prior to such date and continued subsequent to January 28, 2019.
A separate violation of the Pipeline Safety Laws occurs for each day that the
violation continues, pursuant to 49 U.S.C. § 60122(a).
72. This Consent Decree also resolves all civil and administrative
penalty claims that could be brought by OSFM against Defendants for violations
of the Pipeline Safety Laws and the Elder California Pipeline Safety Act
as specified below relating to Line 901, Line 903, or Line 2000 that occurred
prior to January 28, 2019. OSFM reserves all legal and equitable remedies to
address violations of the specified Pipeline Safety Laws that occur on or after
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
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January 28, 2019, including violations that may have begun prior to such date
and continued subsequent to January 28, 2019. The specific Pipeline Safety
Laws and Elder California Pipeline Safety Act subject to this Paragraph are:
a. The Pipeline Safety Laws specified in Paragraph 70; and
b. California Government Code §§ 51012.3, 51013, 51013.5,
51014, 51015, 51015.4, 51015.5 (for Line 901 and Line 903 only),
and 51018.
73. For any reportable pipeline accident, as defined in 49 C.F.R.
§ 195.50, occurring on or after January 28, 2019, on any of Defendants’
Regulated Pipelines, Paragraphs 70 and 72 shall not limit the right of PHMSA
and OSFM to sue or pursue administrative or other remedies for violations
(including penalties) under the Pipeline Safety Laws and the Elder California
Pipeline Safety Act for such accident. Nothing in Paragraphs 70 through 72 shall
be construed to limit the legal and equitable remedies of the United States or
State Agencies, other than PHMSA and OSFM.
74. The United States and the State Agencies reserve all legal and
equitable remedies available to enforce the provisions of this Consent Decree.
This Consent Decree shall not be construed to limit the rights of the United States
or the State Agencies to obtain penalties, injunctive relief, or other administrative
or judicial remedies under the CWA, OPA, Pipeline Safety Laws, or under other
federal or state laws, regulations, or permit conditions, except as specified in
Paragraphs 69, 70, and 72.
75. The United States reserves all legal and equitable remedies to address
any imminent and substantial endangerment or threat to the public health or
welfare or the environment arising at, or posed by, Defendants’ operations,
whether related to the violations addressed in this Consent Decree or otherwise.
PHMSA further reserves the right to issue to Defendants corrective action orders
pursuant to 49 C.F.R § 190.233; emergency orders pursuant to 49 C.F.R.
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
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§ 190.236; and safety orders pursuant to 49 C.F.R. § 190.239. The State Agencies
reserve all legal and equitable remedies under California Government Code
§§ 8670.57, 8670.69.4, 51013.5, 51015.5, 51018.6, 51018.7 and 51018.8,
California Water Code §§ 13301, 13304, 13340, and 13386, and California Health
& Safety Code § 13107.5 to address (1) conditions threatening to cause or creating
a substantial risk of an unauthorized discharge of oil into waters of the State of
California, (2) a discharge of waste threatening to cause a condition of pollution or
nuisance, or (3) a discharge which poses a substantial probability of harm to
persons, property or natural resources.
76. This Consent Decree also shall not be construed to in any way limit or
waive the claims set forth in the case entitled California State Lands Commission,
et al. v. Plains Pipeline, L.P., et al., Case No. 18CV02504 (Cal. Sup. Court) and
Case No. B295632 (Cal. Ct. App.).
77. In any subsequent administrative or judicial proceeding initiated by
the United States or the State Agencies for injunctive relief, civil penalties, other
appropriate relief relating to Defendants’ violations alleged in Plaintiffs’
Complaint, Defendants shall not assert, and may not maintain, any defense or
claim based upon the principles of waiver, res judicata, collateral estoppel, issue
preclusion, claim preclusion, claim-splitting, or other defenses based upon any
contention that the claims raised by the United States or the State Agencies in the
subsequent proceeding should have been brought in the instant case, except with
respect to claims that have been specifically resolved pursuant to Paragraphs 69,
70, and 72.
78. This Consent Decree is not a permit, or a modification of any
permit, under any federal, state, or local laws, or regulations. Defendants are
responsible for achieving and maintaining full compliance with all applicable
federal, state, and local laws, regulations, and permits; and Defendants’
compliance with this Consent Decree shall be no defense to any action
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
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commenced pursuant to any such laws, regulations, or permits, except as set forth
herein. The United States and the State Agencies do not, by their consent to the
entry of this Consent Decree, warrant or aver in any manner that Defendants’
compliance with any aspect of this Consent Decree will result in compliance with
provisions of the CWA, OPA, Pipeline Safety Laws, or with any other provisions
of federal, state, or local laws, regulations, or permits.
79. This Consent Decree does not limit or affect the rights of Defendants
or of the United States or the State Agencies against any third-parties, not party
to this Consent Decree, nor does it limit the rights of third-parties, not party to
this Consent Decree, against Defendants, except as otherwise provided by law.
80. This Consent Decree shall not be construed to create rights in, or
grant any cause of action to, any third-party not party to this Consent Decree.
81. Plaintiffs will not submit any claim for restitution for Natural
Resource Damages in The People of the State of California v. Plains All
American Pipeline, L.P., Case No. 1495091 (Cal. Sup. Court).
82. By entering into this settlement, Defendants do not admit the
Pipeline Safety Laws violations alleged in the Complaint or described in this
Consent Decree by the United States on behalf of PHMSA; therefore, any
allegations of violations of these Pipeline Safety Laws do not constitute a finding
of violation and may not be used in any civil proceeding of any kind as evidence
or proof of any fact, fault or liability, or as evidence of the violation of any law,
rule, regulation, order, or requirement, except in a proceeding to enforce the
provisions of this Consent Decree. However, the allegations of violations set
forth in the Complaint may be: (1) considered by PHMSA to constitute prior
offenses in any future PHMSA enforcement action brought by the agency against
Plains, and (2) used for statistical purposes to identify violations that PHMSA
deems as causal to an incident or to increase the consequences of an incident.
Notwithstanding the forgoing, alleged violations subject to Paragraph 70 shall not
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
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be considered by PHMSA to constitute prior offenses in any future PHMSA
enforcement action brought by the agency against Plains.
83. By entering into this settlement, Defendants do not admit the
allegations of California Water Code §§ 13350 and 13385 violations set forth in
the Complaint; therefore, any allegations of violations of these statutes do not
constitute a finding of violation and may not be used in any civil proceeding of
any kind as evidence or proof of any fact, fault or liability, or as evidence of the
violation of any law, rule, regulation, order, or requirement, except in a
proceeding to enforce the provisions of this Consent Decree. However, the
allegations of California Water Code §§ 13350 and 13385 violations set forth in
the Complaint may be considered by the State Water Resources Control Board or
Regional Water Quality Control Boards to constitute prior offenses in any future
enforcement action brought by any of these agencies against Plains.
84. Subject to the terms of this Consent Decree, no provision contained
herein affects or relieves Plains of their responsibilities to comply with all
applicable requirements of the CWA, OPA, the Pipeline Safety Laws, federal or
state laws, and the regulations and orders issued thereunder. Subject to the terms
of this Consent Decree, nothing herein shall limit or reduce the Plaintiffs’ right of
access, entry, inspection, and information-gathering or their authority to bring
enforcement actions against Defendants pursuant to the CWA, OPA, the Pipeline
Safety Laws, federal or state laws, the regulations and orders issued thereunder,
or any other applicable provision of federal or state law.
85. Defendants hereby covenant not to sue Plaintiffs for any claims
related to the Refugio Incident, or response activities in connection with the
Incident, pursuant to the CWA, OPA, the Pipeline Safety Laws, federal or state
laws, or any other law or regulation for acts or omissions through the date on
which this Consent Decree is lodged with the Court.
86. Defendants covenant not to sue and agree not to assert any direct or
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
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indirect claim for reimbursement related to the Refugio Incident from the OSLTF
or pursuant to any other provision of law.
87. The United States reserves the right to seek reimbursement from
Defendants for claims relating to the Refugio Incident paid after the date on
which the Consent Decree is lodged with the Court from the OSLTF pursuant to
33 U.S.C. § 2712.
XVIII. TRANSFER AND ACQUISITION OF ASSETS
88. In the event Defendants sell or transfer ownership of or operating
responsibility for Lines 901, 903, or 2000, or any lines built to replace Lines 901
or 903, Defendants will obtain from the transferee an agreement to be bound by
those provisions of this Consent Decree and Appendices B and D that are
specifically applicable to the asset(s) acquired, unless Defendants have already
completed the required action or unless OSFM agrees to relieve the transferee of
the obligations of any otherwise applicable provision. Those provisions of
Appendix B are:
a. For existing but non-operational segments of Lines 901 and
903, paragraphs 1.A, 1.B, 1.E, 2.B, 2.C., 4, 5, 6, 7.A, 12.A of
Appendix B;
b. For the operational segment of Line 903 from Pentland to
Emidio, paragraphs 1.C, 1.E, 4, 5, 6, 7.A of Appendix B;
c. For any lines built to replace Lines 901 or 903, paragraphs
2.A.1, 5, 7.B, 12.A of Appendix B; and
d. For Line 2000, paragraphs 1.D, 1.E, 4, 5, 6, 7.A, 12.B. of
Appendix B.
89. In the event Defendants sell or transfer ownership of or operating
responsibility for Lines 901, 903, or 2000, or any lines built to replace Lines 901
or 903, Defendants shall provide a copy of this Consent Decree to the prospective
transferee at least fourteen (14) Days prior to such transfer. Defendants shall
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
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provide written notice of any such transfer to OSFM within ten (10) Days after
the date Defendants publicly disclose the transaction or the date the transaction is
closed, whichever is earlier. Prior to the transfer, Defendants may notify OSFM
that Defendants have completed certain required actions of this Consent Decree,
or request that OSFM relieve the transferee of certain obligations of otherwise
applicable provisions, such that the transferee will not be bound by those
requirements. Defendants shall provide to Plaintiffs documentation
demonstrating the transferee’s agreement to be bound by the relevant provisions
of the Consent Decree. Defendants shall provide to the transferee copies of those
portions of relevant emergency response plans that relate to the transferred asset.
90. In the event of the sale or transfer pursuant to an arm’s-length
transaction of Defendants’ Regulated Pipelines other than Lines 901, 903, or
2000, or any lines built to replace Lines 901 or 903, to an independent third-party
transferee, the transferee shall not be subject to the requirements of this Consent
Decree. Defendants shall provide a copy of this Consent Decree to the transferee
at least fourteen (14) Days prior to such transfer. Defendants shall provide
written notice of any such transfer, including documentation demonstrating that
the Consent Decree was provided to the transferee, to PHMSA within ten (10)
Days after the date Defendants publicly disclose the transaction or the date the
transaction is closed, whichever is earlier. Defendants’ obligations under this
Consent Decree with respect to all non-transferred assets shall not be affected.
91. For all Regulated Pipeline assets that Defendants assume operating
responsibility for after the Effective Date, Plains is obligated to apply Article II
(Company Wide Provisions) of Appendix B of this Consent Decree to the newly
acquired assets.
XIX. COSTS
92. Except as otherwise stated in this Consent Decree, the Parties shall
bear their own costs related to this action and this Consent Decree, including
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
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attorneys’ fees; provided, however, the United States and the State Agencies shall
be entitled to collect the costs (including attorneys’ fees) incurred in any action
necessary to collect any portion of the civil penalty or any stipulated penalties
due but not paid by Defendants.
XX. NOTICES
93. Unless otherwise specified in this Consent Decree, whenever
notifications, submissions, reports, or communications are required by this
Consent Decree, they shall be made in writing, sent electronically by email
provided by the Parties, and addressed to all Parties as follows:
As to the United States by email: eescdcopy.enrd@usdoj.gov
Re: DJ # 90-5-1-1-11340
As to the United States by mail: EES Case Management Unit
Environment and Natural Resources
Division
U.S. Department of Justice
P.O. Box 7611
Washington, D.C. 20044-7611
Re: DJ # 90-5-1-1-1130
As to PHMSA: James M. Pates
Assistant Chief Counsel
for Pipeline Safety
U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
1200 New Jersey Ave. SE. E-26
Washington, DC. 20590
As to EPA: Andrew Helmlinger
Attorney Advisor
U.S. EPA Region IX
75 Hawthorne Street (ORC-3)
San Francisco, California 94104
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
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As to DOI: Clare Cragan
U.S. Department of the Interior
Office of the Solicitor
755 Parfet St., Suite 151
Lakewood, Colorado 80215
As to NOAA: National Oceanic and Atmospheric
Administration
Office of General Counsel
Natural Resources Section
ATTN: Christopher J. Plaisted
501 W. Ocean Blvd, Suite 4470
Long Beach, California 90802
As to USCG: Patricia V. Kingcade
Attorney Advisor
National Pollution Funds Center,
US Coast Guard
2703 Martin Luther King Jr. Ave SE
Washington, DC 20593-7605
As to the State Agencies: Michael Zarro
Deputy Attorney General
Office of the Attorney General
Natural Resources Law Section
300 S. Spring St., Suite 11220
Los Angeles, California 90013
As to CDFW: California Department of Fish
and Wildlife
Office of Spill Prevention and Response
Attn: Katherine Verrue-Slater
Senior Counsel
P.O. Box 160362
Sacramento, California 95816-0362
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
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As to CDPR: California Department of Parks and
Recreation
Attn: Laura A. Reimche, Senior Counsel
1416 Ninth Street, Room 1404-6
Sacramento, California 95814
As to CSLC: California State Lands Commission
Attn: Patrick Huber, Legal Division
100 Howe Avenue, Suite 100-South
Sacramento, California 95825
As to OSFM: California Department of Forestry and
Fire Protection
Legal Services Office
Attn: Joshua Cleaver, Staff Counsel
P.O. Box 944246
Sacramento, California 94244-2460
As to RWQCB: California Central Coast Regional Water
Quality Control Board
Attn: Naomi Rubin, Attorney III
801 K Street
Sacramento, California 95814
As to UC: Barton Lounsbury, Senior Counsel
University of California
Office of the General Counsel
1111 Franklin Street, 8th Floor
Oakland, California 94607
As to Defendants: Megan Prout
Senior Vice President
Commercial Law and Litigation
333 Clay Street, Suite 1600
Houston, Texas 77002
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
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Henry Weissmann
Daniel B. Levin
Colin Devine
Munger, Tolles & Olson LLP
350 S. Grand Ave, 50th Floor
Los Angeles, California 90071
Steven H. Goldberg
Nicole Granquist
Downey Brand LLP
621 Capitol Mall, 18th Floor
Sacramento, California 95814
94. Any Party may, by written notice to the other Parties, change its
designated notice recipient or notice address provided above.
95. Notices submitted pursuant to this Section shall be deemed
submitted upon mailing, or emailing unless otherwise provided in this Consent
Decree or by mutual agreement of the Parties in writing.
XXI. EFFECTIVE DATE
96. The Effective Date of this Consent Decree shall be the date upon
which this Consent Decree is entered by the Court, or a motion to enter this
Consent Decree is granted, whichever occurs first, as recorded on the Court’s
docket.
XXII. RETENTION OF JURISDICTION
97. The Court shall retain jurisdiction over this case until termination of
this Consent Decree, for the purpose of effectuating or enforcing compliance with
the terms of this Consent Decree.
XXIII. MODIFICATION
98. The terms of this Consent Decree, including any attached
Appendices, may be modified only by a subsequent written agreement signed by
the Parties. Where the modification constitutes a material change to any term of
this Consent Decree, it shall be effective only upon approval of the Court.
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
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99. Any disputes concerning modification of this Consent Decree shall
be resolved pursuant to Section XIII (Dispute Resolution), provided, however,
that, instead of the burden of proof provided by Paragraph 55, the Party seeking
the modification bears the burden of demonstrating that it is entitled to the
requested modification in accordance with Federal Rule of Civil Procedure 60(b).
XXIV. TERMINATION
100. After Defendants have: (a) operated under this Consent Decree for
five (5) years and three (3) months from the Effective Date; and (b) complied
with the requirements of this Consent Decree, including payment of all penalties
and accrued stipulated penalties required by this Consent Decree, Defendants
may serve on Plaintiffs a Request for Termination, stating that Defendants have
satisfied these requirements, together with all necessary supporting
documentation. Plaintiffs shall respond within ninety (90) Days to Defendants’
Request for Termination. If Plaintiffs agree that the requirements for termination
have been satisfied, the Parties shall submit for the Court’s approval a joint
stipulation terminating the Consent Decree.
101. Following receipt by Plaintiffs of Defendants’ Request for
Termination, Plaintiffs shall respond within ninety (90) Days regarding any
disagreement that the Consent Decree may be terminated and state the reason for
such disagreement. The Parties shall confer informally concerning the Request
for Termination and any disagreement that the Parties may have as to whether
Defendants have complied with the requirements for termination of this Consent
Decree. If Plaintiffs agree that the requirements for termination have been
satisfied, the Parties shall submit for the Court’s approval a joint stipulation
terminating the Consent Decree.
102. If Plaintiffs do not agree that the requirements for termination have
been satisfied, Defendants may invoke Dispute Resolution under Section XIII
(Dispute Resolution). However, Defendants shall not seek Dispute Resolution of
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
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any dispute regarding termination until sixty (60) Days after receipt of the
Plaintiffs’ response to Defendants’ Request for Termination.
XXV. PUBLIC PARTICIPATION
103. This Consent Decree shall be lodged with the Court for a period of
not fewer than thirty (30) Days for public notice and comment in accordance with
28 C.F.R. § 50.7. The Parties agree and acknowledge that the final approval by
Plaintiffs and entry of this Consent Decree are subject to notice of lodging of the
Consent Decree and a public comment period. Plaintiffs reserve the right to
withdraw or withhold consent if the comments disclose facts or considerations
that indicate that this Consent Decree is inappropriate, improper, or inadequate.
104. Defendants consent to entry of this Consent Decree without further
notice and agree not to withdraw from or oppose entry of this Consent Decree by
the Court or to challenge any provision of the Consent Decree, unless Plaintiffs
have notified Defendants in writing that Plaintiffs no longer support entry of the
Consent Decree.
XXVI. SIGNATORIES/SERVICE
105. Each undersigned representative of Defendants, the State of
California Attorney General’s Office, CDFW, CDPR, CSLC, OSFM, RWQCB,
UC, the Assistant Attorney General for the Environment and Natural Resources
Division of the Department of Justice, PHMSA, and EPA certifies that he or she
is fully authorized to enter into the terms and conditions of this Consent Decree
and to execute and legally bind the Party he or she represents to the terms of this
Consent Decree.
106. This Consent Decree may be signed in counterparts, and such
counterpart signature pages shall be given full force and effect. For purposes of
this Consent Decree, a signature page that is transmitted electronically (e.g., by
emailed PDF) shall have the same effect as an original.
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
- 56 -



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Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 61 of 102 Page ID #:154
XXVII. INTEGRATION
107. This Consent Decree constitutes the final, complete, and exclusive
agreement and understanding among the Parties with respect to the settlement
embodied in the Consent Decree and supersedes all prior agreements and
understandings, whether oral or written, concerning the settlement embodied
herein. The Parties acknowledge that there are no representations, agreements, or
understandings relating to the settlement other than those expressly contained in
this Consent Decree.
XXVIII. FINAL JUDGMENT
108. Upon approval and entry of this Consent Decree by the Court, this
Consent Decree shall constitute a final judgment of the Court as to the Parties.
XXIX. 26 U.S.C. SECTION 162(f)(2)(A)(ii) IDENTIFICATION
109. For purposes of the identification requirement of Section
162(f)(2)(A)(ii) of the Internal Revenue Code, 26 U.S.C. § 162(f)(2)(A)(ii),
performance of Section III (Applicability), Paragraph 5; Section VI (Natural
Resource Damages), Paragraph 12; Section IX (Injunctive Relief), Subparagraphs
22.a, 22.b, 22.c, 23.a, 23.b, 23.c, Paragraph 24, and related Appendix B; Section
XIV (Reporting), Paragraph 57; Section XV (Certification), Paragraph 58; and
Section XVI (Information Collection and Retention), Paragraphs 59, 60, and 66 is
restitution or required to come into compliance with law to the extent it applies to
federal agencies.
Dated and entered this _____ day of __________, 20__.
__________________________________
UNITED STATES DISTRICT JUDGE
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
- 57 -



Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 62 of 102 Page ID #:155
1
2
THE iJNDERSIGNED PARTY enters into this Consent Decree in the matter of
United States of America and the People of the State of California v. Plains All
American Pipeline, L.P. and Plains Pipeline, L.P.
3
4
FOR THE UI~TITED STATES OF AMERICA:
5
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Date
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12
BRUCE S. GELBER
Deputy Assistant Attorney General
Environment and Natural Resources
Division U.S. Department of Justice
~~
Date
J~~~ -~ ~-~-~
BRADLEY R. EN
ANGELA MO
Environmental Enforcement Section
Environment and Natural Resources
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Division
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United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
-58-



Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 63 of 102 Page ID #:156
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THE UNDERSIGNED PARTY enters into this Consent Decree in the matter of
United States of America and the People of the State of California v. Plains All
American Pipeline, L.P and Plains Pipeline, L.P.
4 FOR THE UNITED STATES DEPARTMENT OF TRANSPORTATION,
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION:
���
Chief Counsel
U.S. Department of Transportation
Pipeline and Hazardous Materials Safety
Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
- 59 -



Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 64 of 102 Page ID #:157
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THE UNDERSIGNED PARTY enters into this Consent Decree in the matter of
United States of America and the People of the State of California v. Plains All
American Pipeline, L.P. and Plains Pipeline, L.P.
4 FOR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY:
�- "1...- :i..o
Date SUSAN PARK.ER BODINE
Assistant Administrator
Office of Enforcement and Compliance
Assurance
United States of America and the People of the State of Cal(fornia v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
- 60 -



Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 65 of 102 Page ID #:158
1 THE UNDERSIGNED PARTY enters into this Consent Decree in the matter of
2 United States of America and the People of the State of California v. Plains All
American Pipeline, L.P. and Plains Pipeline, L.P.
4 FOR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY:
� l Jvt__:::::---,
. C. MILLER ',<,
Region 9 Director
Enforcement and Compliance Assurance
Division
U.S. EPA Region 9
Mail Code ENF-1
75 Hawthorne Street
San Francisco, CA 94105
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United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
- 61 -



Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 66 of 102 Page ID #:159
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THE UNDERSIGNED PARTY enters into this Consent Decree in the matter of
United States of America and the People of the State of California v. Plains All
American Pipeline, L.P. and Plains Pipeline, L.P.
4 FOR THE CALIFORNIA DEPARTMENT OF FISH and WILDLIFE:
Administrator
Office of Spill Prevention and Response
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
- 62 -



Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 67 of 102 Page ID #:160
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THE UNDERSIGNED PARTY enters into this Consent Decree in the matter of
United States of America and the People of the State of California v. Plains All
American Pipeline, L.P. and Plains Pipeline, L.P.
4 FOR THE CALIFORNIA DEPARTMENT OF PARKS AND RECREATION:
Director
California Department of Parks
and Recreation
United State� of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
- 63 -



Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 68 of 102 Page ID #:161
1 THE UNDERSIGNED PARTY enters into this Consent Decree in the matter of
United States of America and the People of the State of California v. Plains All
American Pipeline, L.P. and Plains Pipeline, L.P.
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4 FOR THE CALIFORNIA STATE LANDS COMMISSION:
California State Lands Commission
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
- 64 -



Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 69 of 102 Page ID #:162
1 THE UNDERSIGNED PARTY enters into this Consent Decree in the matter of
United States of America and the People of the State of California v. Plains All
American Pipeline, L.P. and Plains Pipeline, L.P.
2
3
5
4 FOR THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE
PROTECTION'S - OFFICE OF THE STATE FIRE MARSHAL:
� { '2:------------s
THOMAS w. PORTER
Director
California Department of Forestry and
Fire Protection
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United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
- 65 -



Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 70 of 102 Page ID #:163
2
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THE UNDERSIGNED PARTY enters into this Consent Decree in the matter of
United States of America and the People of the State of California v. Plains All
American Pipeline, L.P. and Plains Pipeline, L.P.
4 FOR THE CALIFORNIA REGIONAL WATER QUALITY CONTROL
5 BOARD, CENTRAL COAST REGION:
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7 M4t\C,lv 'L 1 1J> 'lb
Date BERTSON
xecutive Officer
Central Coast Regional Water
Quality Control Board
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
- 66 -



Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 71 of 102 Page ID #:164
THE UNDERSIGNED PARTY enters into this Consent Decree in the matter of
2 United States of America and the People of the State of California v. Plains All
American Pipeline, L.P. and Plains Pipeline, L.P.
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4 FOR THE REGENTS OF THE UNIVERSITY OF CALIFORNIA:
j/�/z_o
Date
Senior Counsel
Office of the General Counsel
Date
PEGGY FIEDLER
Executive Director
UC Natural Reserve System
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
- 67 -



Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 72 of 102 Page ID #:165
THE UNDERSIGNED PARTY enters into this Consent Decree in the matter of
2 United States of America and the People of the State of California v. Plains All
American Pipeline, L.P. and Plains Pipeline, L.P.
4 FOR THE REGENTS OF THE UNIVERSITY OF CALIFORNIA:
5
6 11------
7 Date
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BARTON LOUNSBURY
Senior Counsel
Office of the General Co�nsel
�F±�
Executive Director
UC Natural Reserve System
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
- 67 - A -



Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 73 of 102 Page ID #:166
1 THE UNDERSIGNED PARTY enters into this Consent Decree in the matter of
2 United States of America and the People of the State of California v. Plains All
American Pipeline, L.P. and Plains Pipeline, L.P.
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4 FOR PLAINS ALL AMERICAN PIPELINE, L.P.
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
- 68



Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 74 of 102 Page ID #:167
1 THE UNDERSIGNED PARTY enters into this Consent Decree in the matter of
2 United States of America and the People of the State of California v. Plains All
American Pipeline, L.P. and Plains Pipeline, L.P.
3
4 FOR PLAINS PIPELINE, L.P.
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United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
- 69



Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 75 of 102 Page ID #:168
APPENDIX A
(Set of maps that generally depict Lines
901, 903, and 2000)
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
-70-



Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 76 of 102 Page ID #:169
C a l i f ornia C a l i f ornia
Santa Barbara
L901 LAS
FLORES TO
GAVIOTA - 24"
5
0.5
0 1 2 3 4
Miles
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS,
FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan,
METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS
User Community
Owner:

 



 


Scale:
1:100,000
Sheet No: 1/1
-71-



Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 77 of 102 Page ID #:170
San Luis
Obispo
Kern
L903 PENTLAND
TO EMIDIO - 30"
(PMLP CAP LEASE)
L903 SISQUOC TO
PENTLAND - 30"
C a l i f ornia C a l i f ornia
Santa Barbara
L903 GAVIOTA TO
SISQUOC - 30"
Ventura
5
0 7.5 15 22.5 30
3.75
Miles
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS,
FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan,
METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS
User Community
Owner:

 



 


Scale:
1:700,000
Sheet No: 1/1
-72-



Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 78 of 102 Page ID #:171
Kern
San
Luis
Obispo
C a l i f ornia C a l i f ornia
Santa Barbara
L2000 EMIDIO TO
WILMINGTON - 20"
Ventura
Los Angeles
L2000 LYNWOOD
TO EL SEGUNDO
EAST - 20"
San
Bernardino
Orange
5
0 10 20 30 40
5
Miles
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS,
FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan,
METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS
User Community
Owner:


 


 

Scale:
1:966,574
Sheet No: 1/1
-73-



Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 79 of 102 Page ID #:172
APPENDIX B
(PHMSA Injunctive Relief)
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
-74-



Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 80 of 102 Page ID #:173
APPENDIX B
ARTICLE I – CALIFORNIA-SPECIFIC PROVISIONS
1. State Waivers for Lines 901, 903, and 2000 (not to include any replacement lines):
A. Prior to restarting Line 901, Plains shall apply for a State Waiver through the
OSFM for the limited effectiveness of cathodic protection on Line 901. Plains
must receive a State Waiver from the OSFM prior to restarting Line 901.
B. Prior to restarting non-operational segments of Line 903, Plains shall apply for a
State Waiver through the OSFM for the limited effectiveness of cathodic
protection on Line 903. Plains must receive a State Waiver from the OSFM prior
to restarting Line 903.
C. Within 90 days of entry of the Consent Decree (CD), Plains must apply for a State
Waiver through the OSFM for the limited effectiveness of cathodic protection on
Line 903. The State Waiver shall apply to the currently operational segment of
Line 903 from Pentland to Emidio.
D. Within 90 days of entry of the CD, Plains must apply for a State Waiver through
the OSFM for the limited effectiveness of cathodic protection on Line 2000.
E. To the extent that a State Waiver directly incorporates terms identified in section
4 (Integrity Management) below, as being applicable to Lines 901, 903, or 2000,
Plains shall not contest the inclusion of those terms in the relevant State Waiver.
Plains reserves its rights to contest on any grounds any additional terms that the
OSFM may require as part of each State Waiver if one is received. Nothing in
this CD shall be construed to limit the authority of the OSFM to require additional
terms or conditions in the State Waiver. Further, nothing in the State Waiver shall
be construed to limit the applicability of the terms set forth in the CD.
2. Replacement, Restart, or Abandonment of Lines 901 and 903:
A. Plains shall replace the existing Line 901 and segments of Line 903 from Gaviota
to Sisquoc and Sisquoc to Pentland with non-insulated pipe, if Plains is able to
timely obtain: (1) agreements from shippers to transport sufficient quantities of
product to make the cost of replacing the segments economically viable; (2) the
Federal, State, and Local permits that may be required; and (3) whatever
additional rights are needed, including rights-of-way that may be needed from
landowners. Obtaining required commercial commitments, permits, rights-of-
way, and any other rights necessary for replacement is the sole responsibility of
Plains.
1
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Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 81 of 102 Page ID #:174
1. On any replacement segments of Lines 901 or 903, Plains shall, prior to
commencing operation of such segment(s):
a. Test for potential AC/DC interference. Where potential AC/DC
interference exists, proper mitigation of interference shall be
designed and installed during construction of replacement lines.
b. Conduct a close interval survey (CIS) and AC/DC interference
survey.
c. Based on the CIS and AC/DC interference surveys, place
additional cathodic-protection test stations at locations where the
surveys demonstrate potential cathodic-protection deficiencies,
following review and consultation with the OSFM regarding
proposed test station locations.
B. As an alternative to replacement of Line 901 and segments of Line 903 from
Gaviota to Sisquoc and Sisquoc to Pentland, Plains may restart the existing
pipelines in accordance with the CD (including Appendix D) and applicable law.
C. As an alternative to replacement or restart of Line 901 and segments of Line 903
from Gaviota to Sisquoc and Sisquoc to Pentland, Plains may abandon all or any
segments in accordance with all applicable laws and regulations.
3. Third-Party Analysis of Line 2000 ILI Data
A. Plains shall select, subject to OSFM’s approval, a third-party consultant to review
and analyze ILI data for Line 2000 and provide a report to the OSFM on its
findings.
B. The consultant shall:
1. Review all ILI results and reports that Plains has received from ILI
vendors for Line 2000;
2. Review Plains’ processes and procedures for analyzing ILI data, and
Plains’ analysis of Line 2000 ILI results, and suggest potential
improvements, if any, to Plains’ current processes or procedures for
analyzing ILI data;
3. Analyze Plains’ implementation of its ILI assessment procedures for Line
2000.
4. Evaluate ILI vendor specifications to ensure that proper criteria and
technology considerations are taken in to account in selecting the specific
inspection tool(s) used in the future, with consideration given to best
available technology for reliably detecting corrosion, general corrosion,
selective seam-weld corrosion, and seam anomalies;
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Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 82 of 102 Page ID #:175
5. Consider disclosed industry standards and regulations, including, but not
limited to: 49 CFR § 195.452, the California Elder Pipeline Safety Act,
ASME B31.4 (Pipeline Transportation Systems for Liquids and Slurries),
ASME B31G (Manual for Determining Strength of Corroded Pipelines) or
RSTRENG, API 1160 (Managing System Integrity for Hazardous Liquid
Pipelines), API 1163 (In-Line Inspection Systems Qualification),
ANSI/ASNT ILI-PQ (In-Line Inspection Personnel Qualification and
Certification), NACE SP0169 (Control of External Corrosion on
Underground or Submerged Metallic Piping Systems), and the PRCI
Pipeline Repair Manual;
6. Comply with additional requirements specified in the scope of work.
C. The third-party consultant shall prepare a written report reflecting its findings,
conclusions, and any recommendations for improvement found in conducting the
analysis.
1. The consultant may recommend improvements to Plains’ ILI analysis
process and procedures to improve the quality and integration of ILI data
into its IMP going forward. Plains shall give due consideration to the
results of the analysis and recommendations of the consultant but will
maintain discretion over whether and how to implement any
recommendations.
2. The report shall include a list of documents and data reviewed in
conducting the analysis, which shall be provided to the OSFM, if
requested.
3. Within 150 days of entry of the CD, the consultant shall provide a draft
report to the OSFM and Plains for comment at the same time. Plains and
the OSFM may provide comments to the consultant on the report within
21 days of receipt of the draft.
4. Within 45 days after receiving comments (if any) from Plains and the
OSFM, the consultant shall provide a final report to PHMSA, the OSFM
and Plains.
4. Integrity Management
A. For any operating segments of Lines 901, 903, and 2000 (not to include any
replacement lines):
1. Plains shall implement the following measures and amend its IMP, as
needed, to include the requirements of this section for the applicable lines:
a. In addition to other dig criteria specified by regulation or in its
IMP, Plains shall remediate all internal or external metal loss
anomalies that have an ILI reported depth of 40% or greater wall
3
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Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 83 of 102 Page ID #:176
loss, within one year of discovery. If Plains is unable to remediate
such anomalies within one year of discovery, Plains shall notify
OSFM and temporarily reduce the operating pressure and/or take
further remedial action in accordance with 49 C.F.R. § 195.452
until the anomaly is remediated (or until otherwise authorized by
OSFM).
b. Analyze a sample of additional anomalies of varying amounts of
metal loss between 10% and 40% for validation. The sample size
shall be at least ten, unless fewer than ten anomalies are reported
within that range, in which case Plains would examine the number
of anomalies called.
c. When sizing anomalies, apply interaction/clustering criteria of 6t
by 6t for applicable ILI tools;
d. Require its ILI tool vendor to include in the vendor’s inspection
report all metal loss anomalies of 10% or greater, based on raw
data, prior to adding in any correction for tool tolerance;
e. Any time a shrink sleeve is exposed during an anomaly
investigation, remove the shrink sleeve, investigate
circumferentially and longitudinally along the pipe for external
corrosion and coating deterioration, and recoat with two-part
epoxy;
f. Send all field measurements to the tool vendor within 90 days of
completing all digs for any ILI, provided that available data must
be submitted prior to the next ILI run, and conduct annual
meetings with the tool vendor to discuss tool performance;
g. For any use of magnetic flux leakage (MFL) tools, require its ILI
tool vendor to manually grade any metal loss anomalies initially
identified by the ILI tool as greater than or equal to 20% of wall
loss (i.e., have human eyes on the raw data and not simply rely on
a computer algorithm), and require that the vendor’s ILI report
note any differences between what the computer algorithm
reported and the vendor’s manual grade;
h. Where any ILI tool fails to record data for 5% or more of the
external and/or internal surface area of the inspected segment, re-
run the ILI tool to cover the area of failure;
i. Integrate and analyze available data in its P&M process, including:
i. Assessment data from ILI tool runs;
ii. Dig and repair data;
4
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Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 84 of 102 Page ID #:177
iii. Corrosion data, such as survey results, chemical treatments,
and cleaning-pig results;
iv. Operational data, such as pressure and flow data;
v. Emergency response data, such as tactical response plans
and results of recent drills on the pipeline, including
locations of conduits to water, as identified in emergency
response plans;
vi. Evaluation of the capability of the leak detection system,
which shall include identification of each leak detection
segment between block valves, consideration of length and
size of the pipeline, type of product carried, proximity to
high consequence areas, swiftness of leak detection (the
time period required for a leak to be operationally isolated
and/or the pipeline to be shut down), type and location of
valves, valve closure time, EFRD analysis results, the
location of nearest response personnel, leak history, and
risk assessment results;
vii. Other pipeline characteristics, such as length, diameter,
presence in HCAs and Environmentally and Ecologically
Sensitive Areas (as defined in regulations promulgated
pursuant to California Government Code § 8574.7(d),
including 14 CCR 817.04(k)(3)(A)), maximum operating
pressure, normal operating pressure, coating type, elevation
data, water crossings, proximity to water bodies, casings,
geohazard threats, maximum flow rate, and maximum
rupture volume.
2. ILI Measures
a. Initial ILI Runs. Each year during the first two years after entry of
the CD, Plains shall conduct at least two ILIs using: (1) a high-
resolution MFL tool; and (2) a UT tool with an inertial
measurement unit (IMU). Plains shall compare both runs and
evaluate all available information, including these tool runs and
corresponding IMU data. If a UT tool run is unsuccessful, Plains
shall identify the limitations that prevented the UT tool run from
being successful, consider changes to increase the likelihood of a
successful UT tool run, and use best efforts to rerun the UT tool
within six months (subject to tool availability).
i. All ILI assessments in the first two years shall include a
sizing tool and a tool capable of identifying dents.
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ii. In each of the first two years, Plains shall run the second
ILI tool as soon as practicable after running the first ILI
tool, but no later than 90 days after completion of the first
ILI tool run. If one of the two tool runs is unsuccessful,
Plains shall re-run the tool that was unsuccessful (but need
not re-run the tool that was successful) even if the re-run of
the unsuccessful tool run would occur more than 90 days
from the successful tool run.
b. Subsequent ILI Runs. After the first two years, Plains shall run at
least one MFL or one UT tool every year, using a different ILI tool
type (MFL or UT) in each alternating year. Alternatively, Plains
may run a UT tool each year. If, however, any UT tool run is
unsuccessful, Plains shall document the reasons why the UT tool
was unsuccessful, consider changes to increase the likelihood of a
successful UT tool run, and may use MFL technology to complete
that year’s ILI, but must run a UT tool the following year.
c. All ILI Runs. Plains shall provide ILI results and reports to the
OSFM within 30 days from its availability to Plains.
5. Valves
A. Within one year after entry of the CD for any operating segments of Lines 901,
903, and 2000, and for any new pipeline segments replacing those lines, Plains
shall conduct EFRD analyses, which shall include consideration of:
1. Swiftness of leak detection and pipeline shutdown capabilities, type of
commodity carried, rate of potential leakage, volume that can be released,
topography or pipeline profile, potential for ignition (for spilled
commodity), proximity to power sources, location of nearest response
personnel, specific terrain between the pipeline and the HCA, and benefits
expected by reducing the spill size.
2. Valve placement and method of valve actuation for all valves (not
including valves used for instrumentation purposes, such as on tubing on
transmitter calibration manifolds).
B. Plains shall submit the EFRD analyses to OSFM within one year of entry of the
CD.
C. Where practical, Plains shall confirm that check valves that are necessary for the
safe operation of the pipeline are in good working order at intervals required by
other valve maintenance activities and associated procedures.
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6. Risk Analysis
A. For any operating segments of Lines 901, 903, or 2000 (not to include any
replacement lines):
1. Plains shall submit a risk analysis under proposed regulation 19 CCR
§ 2111(c) to OSFM (dated January 17, 2019 and publicly noticed in the
California Regulatory Notice Register on February 15, 2019), or the final
version of such regulation as it may be made effective in the future,
regardless of whether or not those lines would otherwise be subject to the
proposed regulations.
a. The information in the risk analysis shall be limited to the
information listed in proposed regulation 19 CCR § 2111(c).
b. Plains’ responsibility under this subsection is limited to providing
the risk analysis to OSFM; Plains will maintain discretion over
whether and how to implement the results of the analysis. The
OSFM may review and comment on the risk analysis submitted by
Plains consistent with provisions found in the proposed
regulations, 19 CCR 2100 et seq.
c. The risk analysis shall be due within one year from entry of the
CD.
7. Leak Detection
A. For any operating segments of Lines 901, 903, or 2000 (not to include any
replacement lines), Plains shall confirm in writing to the OSFM within 30 days of
entry of the CD that it has installed a Computational Pipeline Monitoring (CPM)
Real Time Transient Model (RTTM) that is compliant with API 1130.
B. Within 12 months after initiating operation of any replacement lines for Lines 901
or 903, Plains shall verify and certify to the OSFM that all Pipeline and
Instrumentation Drawings (P&IDs) reflect correct “as-built” information.
8. Non-waiver
A. Nothing in this CD shall excuse Plains from otherwise complying with the AB
864 regulations when they are promulgated.
ARTICLE II – COMPANY-WIDE PROVISIONS ON REGULATED PIPELINES
9. Integrity Management
A. New Procedures for Interim Reviews and Assessments
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1. Plains shall modify Section 9.5 of its Integrity Management Plan
(“Continual Evaluation and Assessment of Pipeline Integrity”) to provide
for an annual, but not to exceed 15 months, Interim Review of each
pipeline segment it operates to determine whether, since the last
assessment (whether it was an Interim Assessment or a full periodic
assessment under Section 6), conditions have changed or new information
has been obtained that could significantly impact already-identified threats
or create new threats for that segment. If so, Plains shall evaluate whether
it should implement any P&M measure(s) to address that threat prior to
the next regularly-scheduled assessment. Section 9.5 shall list all the
categories of potential threats to be considered as part of the Interim
Review and the types of conditions, information and data that will be
included in the information analysis conducted under 49 CFR §
195.452(g).
2. Plains shall modify Section 9.5 of its IMP to provide new forms for P&M
measures or actions to be taken as a result of an Interim Review. Section
9.5 shall provide that Plains’ Integrity Engineer may recommend any
P&M measures that may be appropriate, including any P&M measures
that could be recommended following a full assessment performed under
Section 6 of its IMP.
3. Plains shall submit its proposed modifications of Section 9.5 to PHMSA
no later than 60 days after entry of the CD. If PHMSA does not object or
request any modification within 60 days, Plains shall proceed to
implement the revised procedures in Section 9.5, which shall be completed
within 18 months from entry of the CD.
B. Documentation for P&M Recommendations
1. Within 90 days from entry of the CD, Plains shall revise Part B of its
P&M Recommendation form (F11-2), to expand the scope and content of
comments in the “Basis of Recommendation” field to provide a narrative
explanation that reflects, at a minimum:
a. What drew the engineer’s attention and caused him or her to make
the recommendation (such as an anomaly, pattern, trend or
potential correlation observed in the data, a particular event or
occurrence, a particular change in the operation or configuration of
the line or in its surrounding environment, “lessons learned” from
another event or occurrence, a corporate goal or initiative, etc.);
b. The specific risk (likelihood or consequence of failure, or both) or
concern that the recommended measure is intended to investigate
or address; and
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c. The goal or intended outcome that the recommended P&M
measure is intended to achieve with regard to that specific risk or
concern.
2. In the new forms for the Interim Review procedure described in Paragraph
A above, Plains shall likewise provide a narrative explanation of the bases
for any recommended P&M measures.
3. In Part B of its Preventive and Mitigative Evaluation Recommendation
Form (F11-2), Plains shall continue to identify the anticipated completion
date for the P&M measure in the column titled “Deadline Date.”
C. Tracking of P&M Measures
Plains shall document P&M measures recommended but not implemented. Plains
shall document implemented P&M measures through to completion, whether
undertaken pursuant to an Interim Review under Section 9.5 or a full assessment
under Section 6, such that these actions will be properly documented under 49
CFR § 195.452(l).
10. Valves and O&M
A. Within two years after entry of the CD, Plains shall conduct EFRD analyses for
all Regulated Pipelines for which it has not previously completed an EFRD
analysis.
B. Within two years of entry of the CD, Plains shall develop and implement
procedures to:
1. If a valve fails to respond properly on first actuation command, document
the failure and review historical records for that valve to identify any
systemic issues.
2. Adjust Plains’ surge analyses and Emergency Response Plans, if
necessary, to account for identified systemic issues associated with valve
closure times.
3. Timely communicate to the Control Room the status of valve maintenance
activity for those valves on Regulated Pipelines that are capable of being
operated by the Control Room.
4. Verify that personnel assigned to operator-qualification tasks for valve
maintenance are qualified to perform those tasks.
C. Plains shall make all repairs necessary to keep valves in good working order
within one year of discovery that the valve is not operating as intended, or, if not
possible, Plains shall provide timely notification (including justification) to
PHMSA or OSFM as applicable.
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D. For all field personnel who perform maintenance on facilities, equipment, or
devices, Plains shall provide training:
1. Within two years of entry of the CD, that addresses the importance of
complying with Plains’ policy requiring notification of Control Room
personnel before beginning maintenance activities on any such facility,
equipment, or device that could change the status of any pump, valve,
CPM device, SCADA device, pressure or flow metering or rate that is
monitored by the Control Room. Plains shall include in the training a
requirement that employees shall notify the Control Room before entering
a facility to perform maintenance, or, if not possible, immediately after
entering.
E. Plains shall improve existing valve maintenance recordkeeping to include
confirmation whether the valve has been actually operated during maintenance.
11. Leak Detection
A. Within 90 days after entry of the CD, Plains shall create and maintain a list of its
regulated mainline pipelines, excluding gathering lines and Delivery Lines, to
indicate which of the following three rupture-detection methods, if any, are used
on each line: (1) Rate of Change Combination alarm; (2) low discharge pressure
alarm; or (3) 5-minute computational pipeline monitoring (CPM) alarm.
1. Within one year after entry of the CD, for any regulated mainline pipeline
identified in the list created pursuant to this paragraph that does not utilize
at least one of the three rupture detection methods, Plains shall implement
at least one.
B. For the term of the CD, Plains shall conduct annual training for controllers on
attributes and benefits of various methods of leak detection, including Analog
High/Low Threshold, Alarm Deadband, Creep Deviation, and Analog Rate of
Change.
C. Within 18 months of entry of the CD, for its CPM systems, Plains shall analyze
and evaluate the use of accumulated deviation rolling time periods longer than 24
hours.
1. Plains shall document its analysis and provide it to PHMSA for comment,
but Plains shall maintain discretion over what actions to take, if any, and
how to implement the results of its analysis.
D. Within six months of entry of the CD, Plains shall have in place a written
procedure for Selection of Leak Detection Method for its Regulated Pipelines.
1. Plains shall provide the Selection of Leak Detection Method procedure to
PHMSA for comment, but Plains shall maintain discretion over and be
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responsible for the final content and implementation of the Selection of
Leak Detection Method procedure.
E. Plains will hold periodic (at least annual) meetings to solicit feedback from
Control Room and operations maintenance personnel regarding potential
improvements to leak detection. The results of the meetings will be documented
and shared with appropriate personnel. The recommendations will be evaluated
and documented.
F. Instrumentation and Display
1. To minimize and prevent false operating conditions from being displayed,
Plains shall, per API 1175 (Pipeline Leak Detection – Program
Management (1st Edition, December 2015)), within three years from entry
of the CD or such earlier time as required by regulations:
a. Provide a procedure by which operations maintenance personnel
and/or Control Room personnel identify and record when
instrumentation has been impeded on an unplanned basis and is no
longer providing accurate and updated values on pressure, flow, or
temperature due to scheduled or planned maintenance activities.
b. Track these conditions through to resolution, including
instrumentation relocation when necessary.
12. Control Room Management
A. For Lines 901 and 903, prior to resuming operations on segments currently not in
service or commencing operations on any replacement for those lines, Plains
shall:
1. Complete point-to-point verification reviews for all components of its
SCADA system, including displays, alarm setpoint values, and alarm log
descriptors;
2. Update its piping and instrumentation diagrams, software, manuals, and
operating procedures to accurately reflect the existing field configuration;
3. Confirm that all Lo-Lo and Hi-Hi SCADA alarms are configured and
programmed as critical safety related alarms for pressures and flows, and
that alert notifications are correct and accurate; and
4. Update the names of all facilities, equipment, devices, measurement points
and locations in console displays, the Control Room Management Plan
and Control Center General Procedures, shift reports, and form templates
to reflect current operating conditions (updating or removing out-of-date
names).
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B. For Line 2000, within six months after entry of the CD, Plains shall confirm to the
OSFM that all Alarm Descriptors on the control console are accurate.
C. Plains shall implement the Control Room Management Plan measures and
Control Center General Procedures measures referenced in paragraph 23(a) of the
CD.
13. Emergency Response and Oil Spill Response Plans
A. California-Specific Provisions:
1. Plains shall review and update its Bakersfield District Response Zone Plan
periodically, as required by applicable regulations, including 14 CCR
816.05. Plains’ review shall include the portions of its Response Plan that
address identification of culverts along the pipelines’ rights-of-way,
potential receptors, access to potential spill sites, and procedures to assure
protection of the environment from oil spills. To the extent that Plains has
a Tactical Response Plan, Plains shall make it available to the
Governments upon reasonable request and as needed in connection with a
drill or response to a spill.
B. Company-Wide Provisions
1. Plains shall, at least once before two years from the date of entry of the
CD, and at least one additional time prior to termination of the CD, survey
its rights-of-way for all regulated mainline pipelines of at least 24”
diameter, by foot or air patrol, to identify all culverts and shall ensure the
emergency response plans covering those pipelines (a) reflect the locations
of all culverts identified, and (b) address potential containment and
recovery techniques for spills that may occur near identified culverts.
2. Within 180 days of entry of the CD (or within 180 days of a new
employee being hired, or an existing employee being assigned to relevant
duties) Plains shall provide or confirm that it has provided all employees
who may reasonably be involved in spill response with NIMS ICS training
at the 100 and 200 levels. Within 180 days of entry of the CD, Plains shall
also provide or confirm that it has provided ICS training at the 300 and
400 level to any employee who may reasonably be expected to coordinate
with the Incident Management Team during a spill response. Plains shall
provide refresher training to employees within two years after initial
training and shall maintain certification of such training and make such
documents available to Plaintiffs upon request.
3. Going forward from the date of the CD, Plains shall include in its
contracts with all Oil Spill Response Organizations (OSROs) a
requirement that the OSROs’ employees and contract employees receive
training at the same level specified for Plains employees, based on their
responsibilities, prior to participating in any incident response on behalf of
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Plains. Plains shall require its OSRO contractors and subcontractors to
register with a third-party online compliance verification system and shall
use that online verification system to spot-check the NIMS ICS Training
histories for randomly-selected OSRO personnel who participate in Plains’
table-top drills. Plains’ spot-check shall include a reasonable number of
OSRO personnel participating in the drills to help ensure that all OSRO
personnel participating in incident response are trained at the ICS levels
specified herein.
4. Within 180 days of entry of the CD, Plains shall provide or confirm that it
has provided all Control Room supervisors with training regarding the
Control Room’s emergency response responsibilities and procedures.
Plains shall provide this training annually thereafter. Plains shall maintain
auditable documentation that supervisors have received such training and
shall make such documentation available to PHMSA upon request.
5. Plains shall notify PHMSA (and, for California Lines, California OSPR
and OSFM) of company-sponsored and organized drills in accordance
with applicable regulations, including table tops (either with or without
equipment deployment). Plains shall provide PHMSA (and, for California
Lines, California OSPR and OSFM) with after-action reports for each
table-top drill involving equipment deployment within 90 days of
completion of the drill. Plains shall include lessons learned in such after-
action reports and shall consider such lessons learned for incorporation
into future drills or exercises.
6. For the term of the CD, a representative of Plains’ Control Room
management team shall participate in any after-action or “hot wash”
activity designed to identify areas of improvement following a release, and
shall share, in documented form, the information obtained with relevant
Control Room personnel.
14. Safety Management System (SMS)
A. Plains shall continue to implement its SMS, which is based on recommended
practices in American Petroleum Institute (API) RP 1173 (Pipeline Safety
Management Systems (1st Edition, July 2015)).
1. Prior to the termination of the CD, Plains shall hire a third party to assess
the conformance of its SMS to API RP 1173. Plains shall direct the third
party to transmit a copy of the final report to PHMSA. Plains’
responsibility under this paragraph shall be limited to engaging the third
party to prepare the report and providing the report to PHMSA. Any
nonconformance identified by the third party shall not be a violation of the
CD.
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B. Plains shall participate in the API Pipeline SMS Group to exchange ideas,
information, and lessons learned about implementation of API RP 1173.
15. Drug and Alcohol Program
A. Within one year of entry of the CD, Plains shall review and revise its drug and
alcohol misuse plans to comply with post-accident and random drug and alcohol
testing required by 49 C.F.R. §§ 199.105(b), (c), and 49 C.F.R. § 199.225(a).
This shall include a review of all covered positions among Control Room
personnel and field personnel for inclusion in the plans for post-accident testing.
Covered positions shall include any person with authority to shut down a pipeline,
including Control Room shift supervisors. Plains shall ensure adequate
implementation and documentation for all post-accident drug/alcohol tests as
required by 49 C.F.R. § 199.117(a)(5) and 49 C.F.R. §§ 199.227(b)(4), (c)(1)(v)
and in accordance with its procedures. Should Plains determine that it is not
possible to administer a post-accident drug/alcohol test on a covered employee
whose performance of a covered function either contributed to the accident or
could not be completely discounted as a contributing factor within the time
specified in the regulations, Plains shall document why the test was not
administered within such time.
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APPENDIX C
(Intentionally left blank)
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
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APPENDIX D
(Remaining Corrective Actions from the
PHMSA CAO)
United States of America and the People of the State of California v.
Plains All American Pipeline, L.P. and Plains Pipeline, L.P.
Consent Decree
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APPENDIX D
1. All outstanding corrective actions in PHMSA’s closed Corrective
Action Order (CAO), CPF No. 5-2015-5011H, as amended, are hereby merged into
this Consent Decree, as outlined below, and subject to the sole regulatory oversight
of the OSFM.
a. Line 901 Shutdown. Plains shall not operate Line 901 until
authorized to do so by the OSFM.
b. Restart Plan for Line 901. If Plains seeks to restart Line 901,
Plains shall develop and submit, at least 60 days in advance of a
scheduled restart, a written Restart Plan for Line 901 to the
OSFM for review and approval. Once approved by the OSFM,
the Restart Plan shall be incorporated by reference into this
Consent Decree. The Restart Plan shall include:
1) Documentation of the completion of all mandated
actions, and a management of change plan to ensure that all
procedural modifications are incorporated into Plains'
operations and maintenance procedures manual;
2) Provisions for adequate patrolling of Line 901 during the
restart process and shall include incremental pressure increases
during start-up, with each increment to be held for at least two
hours;
3) Sufficient surveillance of the pipeline during each
pressure increment to ensure that no leaks are present when
operation of the line resumes;
4) A specific day-light restart that includes advance
communications with local emergency response officials;
5) Master Control Room enhancements, including:
a) Implementation of advanced leak-detection
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capabilities that include mass balance and line pack
calculations (the total volume of liquid present in a
pipeline section). The leak-detection improvements
shall include:
1. Revised alarm threshold adjustments;
2. Additional required instrumentation; installation of
additional safety valves as a result of Plains' EFRD
evaluation;
b) Review and update of the alarm set-point values of
pressures and flows to account for hydraulics and the
interaction of topography, pipeline status (running and
shutdown), sensor location, and historical pressure
and flow values by configuration, in order to provide
a basic level of leak detection when the pipeline is
down and not running. Dynamic alarm limits based
on pipeline status shall be used if hydraulically
required;
c) Implementation of modifications to the existing alarm
priority/severity system to incorporate low and high
pressure and flow values in major or safety-related
alarm (SRA) categories;
d) Implementation of emergency shutdown
programming associated with Line 901 that can be
executed by the Shift Supervisor or Controller;
e) Development and implementation of training
associated with the emergency shutdown
programming described above; and
f) Provision of additional controller training that
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incorporates awareness of abnormal operations and
reduced-pressure operational characteristics, including
alarm set-point revisions for conditions similar to the
Refugio Incident.
6) Elimination and documentation of actions taken to
prevent inappropriate uncommanded Valve 460 (Sisquoc
Conoco) status and position changes;
7) Installation of additional safety valves as a result of
Plains’ EFRD evaluation;
8) Installation of additional pressure sensors as a result of
Plains' surge study;
9) Initiation of a UT ILI within seven days after steady-state
operation is achieved in accordance with an ILI schedule
approved by the OSFM. The tool run shall be initiated during
daylight hours. If the tool run does not collect a complete data
set, the UT tool shall be promptly re-run. A report from the ILI
tool vendor shall be completed within 30 days of running the
tool. Plains shall complete its review and analysis of the ILI
report within 15 days of receiving the report. Provisions shall
be made to address any immediate repairs that result from an
initial data analysis of the UT ILI run; and
10) Corrosion Prevention. Plains shall include a long-term
plan to address corrosion under insulation (CUI) on Line 901
that meets the requirements of 49 C.F.R. Part 195, Subpart H,
in any Restart Plan. Plains may address the inadequate
corrosion prevention through any method approved by the
OSFM, including but not limited to the provisions contained in
CAO Amendment No. 3, Section 2(a)-(c).
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Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 99 of 102 Page ID #:192
c. Return to Service of Line 901. After the OSFM approves the
Restart Plan, Plains may return Line 901 to service but the
operating pressure shall not exceed eighty percent (80%) of the
actual operating pressure in effect immediately prior to the
Refugio Incident on May 19, 2015.
d. Removal of Pressure Restriction of Line 901. The OSFM may
allow the removal or modification of the pressure restriction
upon a written request from Plains demonstrating that restoring
the pipeline to its pre-Refugio Incident operating pressure is
justified, based on a reliable engineering analysis showing that
the pressure increase is safe, considering all known defects,
anomalies, and operating parameters of the pipeline. The OSFM
may allow the temporary removal or modification of the pressure
restriction upon a written request from Plains demonstrating that
temporary Preventive and Mitigative (P&M) measures will be
implemented prior to and during the temporary removal or
modification of the pressure restriction. The OSFM’s
determination shall be based on consideration of the Refugio
Incident’s cause and Plains’ evidence that P&M measures
provide for the safe operation of Line 901 during the temporary
removal or modification of the pressure restriction.
e. Line 903 Shutdown. After purging Line 903, Plains shall not
operate Line 903 between Gaviota and Pentland stations until
authorized to do so by the OSFM.
f. Restart Plan for Line 903. If Plains seeks to restart the
Gaviota-to-Pentland segment of Line 903, Plains shall develop
and submit, at least 60 days in advance of a scheduled restart, a
written Restart Plan for the Gaviota-to-Pentland segment of Line
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Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 100 of 102 Page ID #:193
903 to the OSFM for review and approval. Once approved by
the OSFM, the Restart Plan shall be incorporated by reference
into this Consent Decree. In addition to all the requirements set
forth in the above subparagraphs 1.b.1)-11), excluding
subparagraph 1.b.6), the Restart Plan shall include:
1) Provisions for adequate patrolling during the restart
process and the inclusion of incremental pressure increases
during start-up, with each increment to be held for at least two
hours;
2) Sufficient surveillance of the pipeline during each
pressure increment to ensure that no leaks are present when
operation of the line resumes; and
3) Provisions for a daylight restart and advance
communications with local emergency response officials.
g. Line 903 Return to Service. After the OSFM approves the
Restart Plan for the Gaviota-to-Pentland segment of Line 903,
Plains may return that segment to service, but the operating
pressure shall not exceed eighty percent (80%) of the highest
pressure sustained for a continuous 8-hour period between April
19, 2015, and May 19, 2015, for Line 903 (Gaviota-to-Sisquoc
and Sisquoc-to-Pentland segments).
h. Removal of Pressure Restriction for Line 903. After a return
to service, Plains may request the OSFM to remove the pressure
restriction for the Gaviota-to-Pentland segment of Line 903.
1) The OSFM may allow removal or modification of the
pressure restriction upon a written request from Plains
demonstrating that restoring the pipeline to its pre-Refugio
Incident operating pressure is justified, based on a reliable
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Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 101 of 102 Page ID #:194
engineering analysis showing that the pressure increase is safe,
considering all known defects, anomalies, and operating
parameters of the pipeline.
2) The OSFM may allow the temporary removal or
modification of the pressure restriction upon a written request
from Plains demonstrating that temporary P&M measures will
be implemented prior to and during the temporary removal or
modification of the pressure restriction. The OSFM’s
determination shall be based on consideration of the Refugio
Incident’s cause and Plains’ evidence that P&M measures
provide for the safe operation of Line 903 during the temporary
removal or modification of the pressure restriction. Requests
for removal of the pressure restriction may be submitted by
pipeline segment.
i. Notifications. Plains shall provide notification to the OSFM
within five business days of any of the following events: any
investigation and remediation field actions for identified
anomalies (i.e., digs and repairs), ILI tool runs, and/or startup
dates.
j. Reporting Requirements for Lines 901 and 903. If and when
Plains has concluded all items in this Appendix D, Plains shall
submit a final Appendix D Documentation Report to the OSFM
for review and approval.
1) The OSFM may approve the Appendix D Documentation
Report incrementally without approving it in its entirety.
2) Once approved by the OSFM, the Appendix D
Documentation Report shall be incorporated by reference into
this Consent Decree.
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Case 2:20-cv-02415 Document 6-1 Filed 03/13/20 Page 102 of 102 Page ID #:195
3) The Appendix D Documentation Report shall include but
not be limited to:
A. Table of Contents;
B. [intentionally left blank.]
C. [intentionally left blank.]
D. Summary of all tests, inspections, assessments,
evaluations, and analysis to the extent required under
this Appendix D;
E. [intentionally left blank.]
F. [intentionally left blank.]
G. Lessons learned while fulfilling the requirements
of this Appendix D.
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520155011H_Corrective Action Order_05212015_text.pdf

May 21, 2015
VIA CERTIFIED MAIL AND FAX TO: 713-646-4378
Troy Valenzuela
Vice President EHS
Plains Pipeline, LP
333 Clay Street, Suite 1600
Houston, TX 77002
Re: CPF No. 5-2015-5011H
Dear Mr. Valenzuela:
Enclosed is a Corrective Action Order issued in the above-referenced case. It requires Plains
Pipeline, LP to take certain corrective actions with respect to Line 901 of your pipeline system
that failed on May 19, 2015, near Santa Barbara, CA. Service is being made by certified mail
and facsimile. Service of the Corrective Action Order by electronic transmission is deemed
complete upon transmission and acknowledgement of receipt, or as otherwise provided under 49
C.F.R. § 190.5. The terms and conditions of this Order are effective upon completion of service.
Thank you for your cooperation in this matter.
Sincerely,
Jeffrey D. Wiese
Associate Administrator
for Pipeline Safety
Enclosure
cc: Ms. Linda Daugherty, Deputy Associate Administrator for Field Operations, OPS
Mr. Chris Hoidal, Director, Western Region, OPS



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
In the Matter of )
Plains Pipeline, LP, ) CPF No. 5-2015-5011H
)
)
)
Respondent. )
____________________________________)
CORRECTIVE ACTION ORDER
Purpose and Background:
This Corrective Action Order (Order) is being issued, under the authority of 49 U.S.C. § 60112,
to require Plains Pipeline, LP (Plains or Respondent), to take the necessary corrective action to
protect the public, property, and the environment from potential hazards associated with the
recent failure on your pipeline in Santa Barbara County, California.
On May 19, 2015, a reportable accident occurred on Plains’ Line 901 pipeline, resulting in the
release of approximately 1700 to 2500 barrels of heavy crude oil (Failure). Line 901 is a 24-inch
diameter pipeline approximately 10.6 miles in length that transports crude oil from Exxon
Mobil’s breakout storage tanks in Las Flores Canyon to Plains’ Gaviota Pump Station. The
cause of the Failure has not yet been determined. Pursuant to 49 U.S.C. § 60117, the Pipeline
and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),
initiated an investigation of the accident. The preliminary findings of the ongoing investigation
are as follows:
Preliminary Findings:
• Plains Pipeline, LP (Plains), is a publicly traded master limited partnership that operates
approximately 17,800 miles of crude oil and natural gas liquids pipelines and gathering
systems throughout the United States, including California and Texas.1
• The failed pipeline is a 24-inch diameter line that transports crude oil and runs from
Exxon Mobil’s breakout storage tanks in Las Flores Canyon to Plains’ Gaviota Pump
Station, a distance of approximately 10.6 miles (Affected Pipeline). The Failure occurred
near milepost 4 near Goleta, California (Failure Site).
1 https://www.plainsallamerican.com/what-we-do/transportation (last accessed May 20, 2015)



CPF No. 5-2015-5011H
Page 2
• The Affected Pipeline was constructed from 1987-1990, and consists of .344 wall
thickness, X-65 high frequency electric resistance welded (ERW) pipe manufactured by
Nippon Steel.
• The Affected Pipeline has a Maximum Operating Pressure (MOP) of 1025 psig and the
normal operating pressure is 650 psig. Plains initially reported that the line pressure was
approximately 700 psig immediately prior to failure.
• The initial hydrostatic test on the Affected Pipeline was conducted in October 1990, to a
pressure of 1719 psig held for 8 hours.
• The Affected Pipeline is insulated and operates at up to 120 degrees Fahrenheit. There
are shrink wrap sleeves at some of the pipeline’s girth welds.
• The Affected Pipeline was recently smart-pigged on May 5, 2015. Complete in-line
inspection (ILI) data was collected but the operator has not yet received a formal report
from the ILI vendor regarding the analysis of the data and identification of any anomalies
requiring further investigation according to the Federal pipeline safety regulations.
• Previous ILIs were performed in June 2007 and July 2012. In 2007 and 2012, there were
13 and 41 excavations of ILI-identified anomalies on the pipeline, respectively. These
anomalies were mostly due to external corrosion, frequently located near the pipeline’s
girth welds.
• The Failure was discovered by the operator on May 19, 2015 around 1:30 p.m. PST, and
reported to the National Response Center (NRC Report No. 1116972) at 2:56 p.m. PST.
The operator reported an estimated spill of more than 500 BBLs of crude oil in their NRC
report, but stated there was limited information available at that time.
• Prior to the discovery of the Failure, the controller of Line 901 noticed anomalies in the
operating pressure, shut down and isolated the line around 11:30 am PST, and called field
personnel to investigate.
• Another NRC report (No. 1116950) was received by the National Response Center at
12:43 p.m. from the Santa Barbara Dispatch reporting an unknown oil sheen at Refugio
Beach.
• The release occurred on the north side of the Pacific Coast Highway. The released
product traveled southward through a nearby water drainage culvert approximately ¼
mile to Refugio State Beach, where the product entered the Pacific Ocean. It is estimated
that product has spread several miles down the coast.
• The estimated release amount was reported to have increased to 1700 to 2500 BBLs by
the Unified Command center on the afternoon of May 20th
.



CPF No. 5-2015-5011H
Page 3
• Refugio State Beach and camp grounds have been closed due to the oil spill. There were
no reports of injuries.
• Several areas of environmental sensitivity are located near the Failure Site, including Bell
Canyon, Tecolote Canyon, the City of Gaviota, and Coal Oil Point Reserve.
• Various state and federal agencies responded to the scene, including the U.S. Coast
Guard, U.S. Environmental Protection Agency, California County Office of Emergency
Services, and local fire department(s). Private oil spill response organizations under
contract with Plains and Exxon Mobil personnel are also responding. Clean-up
operations are underway.
• The cause of the Failure is unknown and the investigation is ongoing.
Determination of Necessity for Corrective Action Order and Right to Hearing:
Section 60112 of Title 49, United States Code, provides for the issuance of a Corrective Action
Order, after reasonable notice and the opportunity for a hearing, requiring corrective action,
which may include the suspended or restricted use of a pipeline facility, physical inspection,
testing, repair, replacement, or other action, as appropriate. The basis for making the
determination that a pipeline facility is or would be hazardous, requiring corrective action, is set
forth both in the above-referenced statute and 49 C.F.R. § 190.233, a copy of which is enclosed.
Section 60112 and the regulations promulgated thereunder provide for the issuance of a
Corrective Action Order, without prior notice and opportunity for hearing, upon a finding that
failure to issue the Order expeditiously would result in the likelihood of serious harm to life,
property, or the environment. In such cases, an opportunity for a hearing and expedited review
will be provided as soon as practicable after the issuance of the Order.
After evaluating the foregoing preliminary findings of fact, I find that continued operation of the
pipeline without corrective measures is or would be hazardous to life, property, or the
environment. Additionally, having considered the uncertainties as to the cause of the Failure, the
location of the Failure, the material being transported, and the proximity of the pipeline to the
Pacific Ocean and environmentally sensitive areas, I find that a failure to issue this Order
expeditiously to require immediate corrective action would result in the likelihood of serious
harm to life, property, or the environment.
Accordingly, this Corrective Action Order mandating immediate corrective action is issued
without prior notice and opportunity for a hearing. The terms and conditions of this Order are
effective upon receipt.
Within 10 days of receipt of this Order, Respondent may contest its issuance and obtain
expedited review either by answering in writing or requesting a hearing under 49 C.F.R.
§ 190.211, to be held as soon as practicable under the terms of such regulation, by notifying the
Associate Administrator for Pipeline Safety in writing, with a copy to the Director, Western
Region, OPS (Director). If Respondent requests a hearing, it will be held telephonically or in-
person in Denver, Colorado, or Washington, D.C.



CPF No. 5-2015-5011H
Page 4
2. b. After receiving and analyzing additional data in the course of this investigation, PHMSA
may identify other corrective measures that need to be taken on the Affected Pipeline or
Plains’ Line 903. In that event, PHMSA will notify Respondent of any additional measures that
are required and an amended Order will be issued, if necessary. To the extent consistent with
safety, Respondent will be afforded notice and an opportunity for a hearing prior to the
imposition of any additional corrective measures.
Required Corrective Actions:
Pursuant to 49 U.S.C. § 60112, I hereby order Plains to immediately take the following
corrective actions for the Affected Pipeline:
1. Shutdown. Plains must not operate the Affected Pipeline until authorized to do so by the
Director.
Empty and Purge the Affected Pipeline. Plains must empty and purge the Affected Pipeline
and fill with an inert gas until Items 3 through 8 of this Order are completed. This purging
must be done as soon as practicable after repairing the Failure Site, but no longer than 10
days after receipt of this Order.
a. Plains must notify the Director and local and State responders prior to conducting
the purging operations.
Plains must conduct the purging operations during daylight hours and monitor the
pipeline right of way continually to quickly identify and contain any releases
should they occur.
Review of Affected Pipeline. Within 45 days of receipt of this Order, Plains must review the
Affected Pipeline for conditions similar to those of the Failure. Plains must address any
findings that require remedial measures to be implemented prior to restart. This review must
include:
a. All construction, operating and maintenance (O&M) and integrity management records,
such as hydrostatic tests, root cause failure analysis of prior failures, aerial and ground
patrols, corrosion protection, One Call tickets, excavations and exposed pipe records,
and pipe replacements;
Identification of all areas of the Affected Pipeline that have insulated pipe and girth welds
with “shrink wrap” sleeves;
All ILI results from the past 10 calendar years, including a followup review of the ILI
vendors' raw data and analysis from pre-2015 ILI surveys and a first time review of the
data from the ILI survey conducted on May 5, 2015. Determine whether any anomalies
were present in the failed pipe joint and any other pipe removed near the Failure Site.
Determine whether any anomalies with similar characteristics are present elsewhere on
the Affected Pipeline. Plains must submit documentation of this ILI review to the
Director within 45 days of receipt of this Order as follows:
i. List all ILI tool runs, tool types, and the calendar years of the tool runs conducted
on Line 901.
ii. Provide all ILI data from the past 10 years to the Director for review by a 3rd party
ILI data analyst.
3. b. c.



CPF No. 5-2015-5011H
Page 5
4. 5. 6. 7. iii. iv. Explain the process that was used to review the past ILI results, and the process
that will be used during the reevaluation.
List and describe (type, size, wall loss, etc.) the specific locations of all ILI
features from the ILI surveys conducted prior to the May 5, 2015 survey. Include
the disposition of those requiring investigation per 49 CFR Part 195.452(h) or
Plains’s remediation criteria.
v. vi. List and describe (type, size, wall loss, etc.) the specific location of all ILI
features identified by the May 5, 2015 ILI survey that are present in the failed
joint and other pipe removed near the Failure Site.
List and describe (type, size, wall loss, etc.) the specific location of all ILI
features identified by the May 5, 2015 ILI survey that require investigation per 49
CFR Part 195.452(h) elsewhere on the Affected Pipeline. If an ILI feature or
anomaly is identified to be associated with the Failure Site, all features with
similar characteristics elsewhere on the Affected Pipeline must be investigated
and remediated.
Records Verification. As recommended in PHMSA Advisory Bulletin 2012-06, Plains must
verify the records for the Affected Pipeline to confirm the Maximum Operating Pressure
(MOP). Plains must submit documentation of this records verification to the Director within
45 days of receipt of this Order.
Mechanical and Metallurgical Testing. Within 45 days of receipt of this Order, complete
mechanical and metallurgical testing and failure analysis of the failed pipe, including an
analysis of soil samples and any foreign materials. Complete the testing and analysis as
follows:
a. Document the chain-of-custody when handling and transporting the failed pipe section
and other evidence from the Failure Site. The removal and protection of the failed pipe
section shall be done in the presence a PHMSA representative, and all failure surfaces
shall be protected from damage or contamination during removal and subsequent storage
prior to testing.
b. Within 10 days of receipt of this Order, develop and submit the testing protocol and the
proposed testing laboratory to the Director for prior approval.
c. Prior to beginning the mechanical and metallurgical testing, provide the Director with the
scheduled date, time, and location of the testing to allow for an OPS representative to
witness the testing.
d. Ensure the testing laboratory distributes all reports, whether draft or final, in their entirety
to the Director at the same time they are made available to Plains.
Root Cause Failure Analysis. Within 60 days following receipt of this Order, complete a
root cause failure analysis (RCFA) and submit a final report of this RCFA to the Director.
The RCFA must be facilitated by an independent third-party acceptable to the Director and
must document the decision-making process and all factors contributing to the Failure. The
final report must include findings and any lessons learned and whether the findings and any
lessons learned are applicable to other locations within Plains’ pipeline system.
Remedial Work Plan. Within 90 days following receipt of this Order, provide a plan to the
Director for his approval to investigate and remediate all actionable anomalies per 49 CFR



CPF No. 5-2015-5011H
Page 6
Part 195.452(h) and anomalies similar to those that may have led to the release at the Failure
site.
8. Restart Plan. Prior to resuming operation of the Affected Pipeline, Plains must develop and
submit a written Restart Plan to the Director for prior approval.
a. The Restart Plan may only be requested after completion of Items 2 through 7 of this
Order.
b. c. The Restart Plan must also include documentation of the completion of all mandated
actions, and a management of change plan to ensure that all procedural modifications are
incorporated into Plains’ operations and maintenance procedures manual.
The Restart Plan must provide for adequate patrolling of the Affected Pipeline during the
restart process and must include incremental pressure increases during start-up, with each
increment to be held for at least 2 hours.
d. e. f. The Restart Plan must include sufficient surveillance of the pipeline during each pressure
increment to ensure that no leaks are present when operation of the line resumes.
The Restart Plan must specify a day-light restart and include advance communications
with local emergency response officials.
Once approved by the Director, the Restart Plan will be incorporated by reference into
this Order.
9. Return to Service. After the Director approves the Restart Plan, Plains may return the
Affected Pipeline to service but the operating pressure must not exceed eighty percent (80%)
of the actual operating pressure in effect immediately prior to the Failure on May 19, 2015.
10. Removal of Pressure Restriction.
a. The Director may allow the removal or modification of the pressure restriction upon a
written request from Plains demonstrating that restoring the pipeline to its pre-failure
operating pressure is justified based on a reliable engineering analysis showing that the
pressure increase is safe considering all known defects, anomalies, and operating
parameters of the pipeline.
b. The Director may allow the temporary removal or modification of the pressure
restrictions upon a written request from Plains demonstrating that temporary mitigative
and preventive measures are implemented prior to and during the temporary removal or
modification of the pressure restriction. The Director's determination will be based on the
failure cause and provision of evidence that preventive and mitigative actions taken by
the operator provide for the safe operation of the Affected Segment during the temporary
removal or modification of the pressure restriction.
11. Emergency Response Plan and Training Review. Plains must review and assess the
effectiveness of its emergency response plan and Bakersfield Spill Response Plan – Sequence
0107 with regards to the Failure. Include in the assessment a detailed review of the on-scene
response and support activities (including timeline), coordination with all parties (including
regulatory requests and proceeding with work), site security (including all phases of the
response), procedures for improvements, lessons learned, and communication with the
National Response Center, emergency responders, third party contractors, public officials,
and internal resources. Include a review and assessment of the effectiveness of its
emergency training program. Plains must amend its emergency response plan and



12. CPF No. 5-2015-5011H
Page 7
emergency training, if necessary, to reflect the results of this review. Documentation of this
Emergency Response Plan and Training Review must be provided to the Director. Revisions
to the Bakersfield Spill Response Plan must be submitted to the Director, Emergency Support
and Security Division, for review and approval in accordance with 49 C.F.R. Part 194.
CAO Documentation Report (CDR). Plains must create and revise, as necessary, a
Corrective Action Order Documentation Report (CDR). When Plains has concluded all the
items in this Order, the company will submit the final CDR in its entirety to the Director.
This will allow the Director to complete a thorough review of all actions taken by Plains
according to this Order prior to approving the closure of this Order. The intent is for the
CDR to summarize all activities and documentation associated with this Order in one
document.
a. b. The Director may approve the CDR incrementally without approving the entire CDR.
Once approved by the Director, the CDR will be incorporated by reference into this
Order.
c. The CDR must include but not be limited to:
ii. iii. iv. v. vi. vii. viii. i. Table of Contents;
Summary of the Failure and all response activities;
Summary of pipe data/properties and all prior assessments of the Affected Pipeline;
Summary of all tests, inspections, assessments, evaluations, and analysis required by
this Order;
Summary of the Mechanical and Metallurgical Testing, as required by this Order;
Summary of the RCFA with all root causes, as required by this Order;
Lessons learned while completing this Order;
A path forward describing specific actions Plains will take on its entire pipeline system
as a result of the lessons learned from work on this Order
Other Requirements:
1. Reporting. Submit monthly reports to the Director that: (1) include all available data and
results of the testing and evaluations required by this Order; and (2) describe the progress
of the repairs or other remedial actions being undertaken. The first report is due on June
21. The Director may change the interval for the submission of these reports.
2. Documentation of Costs. It is requested but not required that Plains maintain
documentation of the costs associated with implementation of this Order. Include in each
monthly report the to-date total costs associated with: (1) preparation and revision of
procedures, studies and analyses; (2) physical changes to pipeline infrastructure,
including repairs, replacements and other modifications; and (3) environmental
remediation, if applicable.
3. Approvals. With respect to each submission requiring the approval of the Director, the
Director may: (a) approve the submission in whole or in part; (b) approve the submission



CPF No. 5-2015-5011H
Page 8
on specified conditions; (c) modify the submission to cure any deficiencies; (d)
disapprove the submission in whole or in part and direct Plains to modify the submission;
or (e) any combination of the above. In the event of approval, approval upon conditions,
or modification by the Director, Plains must proceed to take all actions required by the
submission, as approved or modified by the Director. If the Director disapproves all or
any portion of a submission, Plains must correct all deficiencies within the time specified
by the Director and resubmit it for approval.
4. Extensions of Time. The Director may grant an extension of time for compliance with
any of the terms of this Order upon a written request timely submitted and demonstrating
good cause for an extension.
The actions required by this Corrective Action Order are in addition to and do not waive any
requirements that apply to Respondent’s pipeline system under 49 C.F.R. Part 195, under any
other order issued to Respondent under authority of 49 U.S.C. § 60101, et seq., or under any
other provision of Federal or State law. After receiving and analyzing additional data in the
course of this investigation, PHMSA may identify other corrective measures that need to be
taken on the Affected Pipeline or Plains’ Line 903.
Respondent may appeal any decision of the Director to the Associate Administrator for Pipeline
Safety. Decisions of the Associate Administrator shall be final.
Be advised that all material you submit in response to this enforcement action is subject to being
made publicly available. If you believe that any portion of your responsive material qualifies for
confidential treatment under 5 U.S.C. 552(b), along with the complete original document you
must provide a second copy of the document with the portions you believe qualify for
confidential treatment redacted and an explanation of why you believe the redacted information
qualifies for confidential treatment under 5 U.S.C. 552(b).
Failure to comply with this Order may result in the assessment of civil penalties and in referral to
the Attorney General for appropriate relief in United States District Court pursuant to 49 U.S.C.
§ 60120.
In your correspondence on this matter, please refer to CPF No. 5-2015-5011H and for each
document you submit, please provide a copy in electronic format whenever possible.
The terms and conditions of this Corrective Action Order are effective upon receipt.
__________________________________ __________________
Jeffrey D. Wiese Date Issued
Associate Administrator
for Pipeline Safety

520155011H_Amendment No 3 to the Corrective Action Order_061620116_text.pdf

June 16, 2016
VIA CERTIFIED MAIL AND FAX TO: 713-646-4378
Mr. Greg Armstrong
Chairman and CEO
Plains Pipeline, L.P.
333 Clay Street, Suite 1600
Houston, TX 77002
Re: CPF No. 5-2015-5011H
Dear Mr. Armstrong:
Enclosed is Amendment No. 3 to the Corrective Action Order issued in the above-referenced
case on May 21, 2015. It requires Plains Pipeline, LP, to take additional corrective actions with
respect to Lines 901 and 903 of its pipeline system. Service is being made by certified mail and
facsimile. Service of this Amendment by electronic transmission is deemed complete upon
transmission and acknowledgement of receipt, or as otherwise provided under 49 C.F.R. § 190.5.
The terms and conditions of this Order are effective upon completion of service.
Thank you for your continued cooperation in this matter.
Sincerely,
Alan K. Mayberry
Acting Associate Administrator
for Pipeline Safety
Enclosure
cc: Ms. Linda Daugherty, Deputy Associate Administrator for Field Operations, OPS,
PHMSA
Mr. Chris Hoidal, Director, Western Region, OPS, PHMSA
Mr. Dean Gore, Vice President, Environmental and Regulatory Compliance, Plains
Pipeline, L.P.



2
U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
In the Matter of )
Plains Pipeline, LP, ) CPF No. 5-2015-5011H
)
)
)
Respondent. )
____________________________________)
AMENDMENT NO. 3 TO THE CORRECTIVE ACTION ORDER
Purpose and Background:
On May 21, 2015, the Pipeline and Hazardous Materials Safety Administration’s (PHMSA)
Associate Administrator for Pipeline Safety (Associate Administrator) issued a Corrective
Action Order (CAO) under the authority of 49 U.S.C. Section 60112 to require Plains Pipeline,
L.P. (Plains or Respondent), to take certain corrective actions to protect the public, property, and
the environment from potential hazards associated with Plains’ Line 9011 in Santa Barbara
County, California. The CAO was issued in response to a May 19, 2015 failure on Line 901 that
caused a release of approximately 2,934 barrels of heavy crude oil (Failure). Among the
requirements of the CAO were that the Line 901 be shut down, purged of crude oil, and filled
with an inert gas, which Plains accomplished as of June 18, 2015. The CAO also required Plains
to develop and submit to the Director, OPS Western Region, PHMSA (Director), for approval a
Remedial Work Plan, detailing Plains’ investigation of the Failure and its plan to remediate all
actionable anomalies on Line 901. Further, the CAO required Plains to develop and submit a
Restart Plan for Line 901 to the Director, with specific content requirements.
On June 3, 2015, the Associate Administrator issued Amendment No. 1 to the CAO, which
required Plains to take certain additional corrective actions with respect to Line 901 and a
similarly-constructed, downstream Plains pipeline known generally as Line 903. This pipeline
carries all of Line 901’s crude-oil throughput, is a 30-inch diameter pipeline approximately 129.5
miles in length, and consists of three segments: (1) Gaviota Station to Sisquoc Station; (2)
Sisquoc Station to Pentland Station; and (3) Pentland Station to Emidio Station. Plains
voluntarily shut down the Gaviota-to-Pentland segments of Line 903 on May 30, 2015, but
1 Line 901 is a 24-inch diameter pipeline approximately 10.6 miles in length that transports crude oil from
ExxonMobil’s breakout storage tanks in Las Flores Canyon to Plains’ Gaviota Pump Station. See CAO, at page 1.



3
continued operating the Pentland-to-Emidio segment at a reduced pressure under the terms of
Amendment No. 1.
On November 12, 2015, the Associate Administrator issued Amendment No. 2 to the CAO,
which required Plains to take certain additional corrective actions on Line 903. The Gaviota-to
Pentland segments of Line 903 remained idle but were full of crude oil. Therefore, Amendment
No. 2 ordered Plains to purge Line 903 between Gaviota and Pentland Stations, fill it with an
inert gas, and shut down the line between those stations. However, Amendment No. 2 did not
require Plains to develop or submit a Remedial Work Plan or Restart Plan for any portion of Line
903.
Line 903 between Gaviota and Pentland Stations was subsequently purged and filled with
nitrogen gas in three phases between December 2015 and April 2016. That portion of Line 903
is currently shut down and Plains cannot operate Line 903 from Gaviota to Pentland until
authorized to do so by the Director.
Beginning immediately after the Failure, PHMSA initiated an investigation of the Failure
pursuant to 49 U.S.C. Section 60117. On May 19, 2016, PHMSA completed its investigation
and released its Failure Investigation Report (FIR), which identified proximate and contributory
causes of the Failure on Line 901.
Additional Preliminary Findings:
 This Amendment No. 3 hereby adopts and incorporates all of the Preliminary Findings
contained in the CAO and the two prior amendments described above. In the event of
any conflict between the Additional Preliminary Findings contained in this Amendment
No. 3 and any other Preliminary Findings in the CAO or the two prior amendments, the
Additional Preliminary Findings contained herein shall control.
 The FIR concluded that the proximate or direct cause of the Line 901 Failure was
external corrosion that thinned the pipe wall to a level where it failed suddenly and the
pipeline ruptured. The FIR identified numerous contributory causes of the Failure, which
can be grouped into three categories: (1) ineffective protection against external corrosion
of the pipeline; (2) failure by Plains to detect and mitigate the corrosion; and (3) lack of
timely detection of and response to the Failure.
 The FIR contained several findings and recommendations pertinent to this Amendment,
derived in part from several other PHMSA-mandated reports and investigations, as
follows:
1) The Final Report on Line 901 Release (5/19/2015) Technical Root Cause
Analysis (Final RCA) by Det Norske Veritas (U.S.A.), Inc. (DNV), released on
December 4, 2015, in which DNV identified four basic root causes of the Failure:
a. The external coating system failed to prevent moisture from reaching the
pipe steel, allowing the external corrosion process to occur;
b. The cathodic-protection system was ineffective due to shielding by the
thermal polyurethane insulation and external polyethylene wrap;



4
2) 3) 4) c. d. The contracted in-line inspection (ILI) significantly undersized the
external corrosion feature that failed on Line 901; and
The mitigative actions taken by Plains on Line 901 did not adequately
address the elevated integrity threat of corrosion under insulation (CUI).
The Final RCA identified the following improvements that could be made to
Plains’ integrity management program:
a. Plains could adopt additional practices to identify and address
inaccuracies in future ILI runs;
b. Plains could better incorporate the results from multiple ILI runs into its
corrosion growth-rate calculations; and
c. Plains should improve its documentation and/or record-keeping of the
company’s decision-making processes related to actions taken.
PHMSA’s review of Plains’ prior ILI reports shows that the original interaction
criteria used by the ILI vendor did not provide an accurate representation of metal
loss anomalies. Plains’ as-found field measurements of corrosion anomalies were
inconsistent with the as-called vendor-provided ILI data and analytical reports.
ILI surveys conducted in 2007 and 2012 revealed inconsistencies in the character
of the anomalies. In both these cases, Plains did not consult the ILI vendor to
help resolve the inconsistency as per their IMP procedures. .
PHMSA’s review of Plains’ control room management procedures and operations
identified concerns with the supervisory control and data acquisition (SCADA)
system, leak detection system, and controller’s response to operating conditions
on Lines 901 and 903. Those concerns include:
a. The controller did not have information from the SCADA system
provided in a manner allowing successful detection of abnormal
operation. The pipeline SCADA system did not have safety-related
alarms on low pressure configured at the correct value or priority to alert
the control room staff of the rupture.
b. The pipeline leak detection system lacked instrumentation and associated
calculations to monitor line pack.
c. Control room staff training lacked formalized and succinct requirements,
including emergency shutdown and leak detection functions such as
alarms.
 Since the issuance of Amendment No. 2, the following events have occurred with respect
to Line 901:
On May 11, 2016, PHMSA received Plains’ Final Line 901 Remedial Work Plan. This
plan was initially submitted on July 30, 2015, and has been revised by Plains several
times, based on comments and requests for additional information from PHMSA.
Completion of the Remedial Work Plan is required prior to the Director approving a
restart plan for Line 901.
The components of the Final Line 901 Remedial Work Plan included:



5
1) 2) 3) 4) 5) 6) 7) Investigation and remediation of anomalies on Line 901 (including anomalies
requiring repair per 49 C.F.R. § 195.452(h) and anomalies with similar ILI signal
characteristics to the Failure site);
Analysis of field measurements taken from anomaly investigations;
Re-grade of previous ILI data from 2012 and 2015 ILI surveys, using an
expanded set of interaction criteria;
Additional integrity assessments using a circumferential magnetic flux leakage
(MFL-C) ILI tool and integration of MFL-C ILI data with previous ILI survey
results;
Investigation and remediation of anomalies identified in the MFL-C tool run (if
any);
Improving Plains’ integrity management program (IMP) based on information
collected from the Remedial Work Plan and the Final RCA by DNV; and
Integrity studies to reduce spill volumes, including an emergency flow-restriction
device (EFRD) evaluation and a surge study.
The CAO required Plains to develop and submit a written Restart Plan for Line 901 to the
Director prior to resuming operation of Line 901. The requirements for the Restart Plan
for Line 901 provided in the CAO do not address all of the preliminary findings
contained in the Final RCA by DNV and PHMSA’s own review of prior ILI reports and
control room management procedures and operations.
 Since the issuance of Amendment No. 2, the following events have occurred with respect
to Line 903:
The Pentland-to-Emidio segment of Line 903, which is not directly connected to the
segments of Line 903 running between Gaviota and Pentland, is the only portion of Line
903 that continues to operate. Crude oil can only enter the Pentland-to-Emidio segment
via tankage. This segment has certain features and characteristics that currently
distinguish it from the other segments of Line 903, including:
o The crude oil transported by the Pentland-to-Emidio section is typically sourced
from local gathering systems and is at a higher temperature (approximately 140
degrees Fahrenheit) than the crude oil normally sourced from Line 901.
o The terrain of the 15-mile Pentland-to-Emidio segment is mostly flat, with a slight
downhill gradient towards Emidio, and therefore does not exhibit the highly-
variable hill/valley relief of the Gaviota-to-Pentland segment.
o Due to the different crude oil sources for this segment, the higher crude-oil
temperature, and relatively flat pipeline, this section of the pipeline has fewer
anomalies, despite being constructed similarly to the rest of Line 903.
o This segment of Line 903 was last inspected by an ILI tool in February 2014. On
September 10, 2015, Plains performed a compression wave ultrasonic (UT) ILI
tool run through the Pentland-to-Emidio segment to gather additional information
about the condition of the pipeline. Based on the ILI vendor’s UT ILI survey
results, Plains has investigated and is in the process of remediating several
anomalies on this segment as part of a verification process. All confirmation digs
and repairs (with one exception due to a permit issue) have been completed.



6
The leak-detection system and control-room oversight for Line 903 are the same as those
used for Line 901.
Historically, Line 901 transported crude oil from Las Flores and Gaviota Stations into
Line 903, terminating at Pentland Station, where the oil entered into a series of breakout
storage tanks. It is necessary to have Line 903 operating in conjunction with Line 901
when Line 901 returns to service.
The CAO and Amendments No. 1 and 2 did not provide provisions for a Remedial Work
Plan, a Restart Plan, or return to service for Line 903’s Gaviota-to-Pentland segment,
including pressure restrictions, despite the similar construction, maintenance, and
operating conditions of the two lines.
Determination of Necessity for Amendment to the Corrective Action Order and
Right to Hearing:
Section 60112 of Title 49, United States Code, provides for the issuance of a Corrective Action
Order, after reasonable notice and the opportunity for a hearing, requiring corrective action,
which may include the suspended or restricted use of a pipeline facility, physical inspection,
testing, repair, replacement, or other action, as appropriate. The basis for making the
determination that a pipeline facility is or would be hazardous, requiring corrective action, is set
forth both in the above-referenced statute and 49 C.F.R. § 190.233, a copy of which is enclosed.
Section 60112 and the regulations promulgated thereunder provide for the issuance of a
Corrective Action Order, without prior notice and opportunity for hearing, upon a finding that
failure to issue the Order expeditiously would result in the likelihood of serious harm to life,
property, or the environment. In such cases, an opportunity for a hearing and expedited review
will be provided as soon as practicable after the issuance of the Order.
After evaluating the preliminary findings in the CAO, Amendment No. 1, Amendment No. 2,
and the Additional Preliminary Findings set forth above, I find that continued operation of Line
901 and Line 903 without additional corrective measures is or would be hazardous to life,
property, or the environment. Additionally, having considered the root cause and the numerous
contributory causes of the Failure, the location of the Failure, the similar characteristics and
conditions on Lines 901 and Line 903, the crude oil being transported, and the proximity of both
pipelines to the Pacific Ocean and environmentally-sensitive areas, I find that a failure to issue
this Order expeditiously to require immediate corrective action would result in the likelihood of
serious harm to life, property, or the environment. For these reasons, it is necessary to align the
corrective actions of the CAO and Amendments No. 1 and 2 to clarify that PHMSA’s
requirements on Lines 901 and 903 must be similar, particularly for the Gaviota-to-Pentland
segment of Line 903.
Accordingly, this Amendment No. 3 to the Corrective Action Order mandating immediate
corrective action is issued without prior notice and opportunity for a hearing. The terms and
conditions of this Order are effective upon receipt.



7
Within 10 days of receipt of this Amendment, Respondent may contest its issuance and obtain
expedited review either by responding in writing or requesting a hearing under 49 C.F.R. §
190.211, to be held as soon as practicable under the terms of such regulation, by notifying the
Associate Administrator for Pipeline Safety in writing, with a copy to the Director, Western
Region, OPS (Director). If Respondent requests a hearing, it will be held telephonically or in-
person in Lakewood, Colorado, or Washington, D.C.
After receiving and analyzing additional data during the course of this investigation, PHMSA
may identify other corrective measures that need to be taken on Line 901 or Line 903. In that
event, PHMSA will notify Respondent of any additional measures that are required and another
Amendment Order will be issued, if necessary. To the extent consistent with safety, Respondent
will be afforded notice and an opportunity for a hearing prior to the imposition of any additional
corrective measures.
Required Corrective Actions:
Pursuant to 49 U.S.C. Section 60112, I hereby order Plains to immediately take the following
corrective actions:
With respect to Line 901:
1. Additional Requirements for the Line 901 Restart Plan. In addition to the
requirements under the CAO, Amendment No. 1, and Item 2 of this Amendment No. 3,
any Restart Plan and request to return Line 901 to service must include:
a. Improvements to Plains’ IMP, incorporating the findings of the Final RCA report
by DNV.
b. Midland Control Room enhancements, including:
1) Implementation of advanced leak detection capabilities that include mass
balance and line pack calculations (the total volume of liquid present in a
pipeline section). The leak detection improvements shall include:
i. Revised alarm threshold adjustments;
ii. Additional required instrumentation;
Review and update of the alarm set-point values for pressures and flows to
account for hydraulics and the interaction of topography, pipeline status
(running or shutdown), sensor location, and historical pressure and flow
values by configuration, in order to provide a basic level of leak detection
when the pipeline is down and not running. Dynamic alarm limits based
on pipeline status shall be used if hydraulically required;
Implementation of modifications to the existing alarm priority/severity
system to incorporate low and high pressure and flow values in major or
safety-related alarm (SRA) categories;
Implementation of emergency shutdown programming associated with
Line 901 that can be executed by the Shift Supervisor or Controller;
Development and implementation of training associated with emergency
shutdown programming described in Item 1(b)(4) above; and
2) 3) 4) 5)



2. 8
c. d. e. f. g. h. i. 6) Provision of additional controller training that incorporates awareness of
abnormal operations and reduced-pressure operational characteristics,
including alarm set-point revisions for conditions similar to the Failure.
Elimination and documentation of actions taken to prevent inappropriate,
uncommanded Valve 460 (Sisquoc Conoco) status and position changes;
Installation of additional safety valves as a result of Plains’ EFRD evaluation;
Installation of additional pressure sensors as a result of Plains’ surge study;
Review, update and submission of a revised Facility Response Plan to include
drainage, culverts, high population areas, NRC notification procedures, and
lessons learned from the Failure. Additional training of Plains personnel, control
room personnel, contractors, and oil spill response organizations must be included
in the revised Facility Response Plan;
Incorporation and implementation of the provisions of the CAO, Item #11
“Emergency Response Plan and Training Review,” for Line 901 as a part of the
Restart Plan.;
Initiation of a UT ILI within 7 days after steady-state operation is achieved in
accordance with an ILI schedule approved by the Director. The tool run must be
initiated during daylight hours. If the tool run does not collect a complete data
set, the UT tool must be promptly re-run. A report from the ILI tool vendor must
be completed within 30 days of running the tool. Plains must complete its review
and analysis of the ILI report within 15 days of receiving the report. Provisions
must be made to address any immediate repairs that result from an initial data
analysis of the UT tool run;
Submission of a written Restart Plan for Line 901 to the Director for prior approval
at least 60 days in advance of a scheduled startup.
Corrosion Prevention. Plains must include a long-term plan to address CUI on Line
901 that meets the requirements of 49 C.F.R. Part 195, Subpart H in any Restart Plan.
Plains may address the inadequate corrosion prevention through any method approved by
the Director, including, but not limited to, the following:
a. Replacing the buried and insulated pipeline on Line 901;
b. Repairing or re-coating compromised portions of the coating on Line 901; or
c. Submitting a request for a Special Permit at least 120 days in advance of a
scheduled startup, in accordance with 49 C.F.R. § 190.341. Any application for a
Special Permit submitted pursuant to this Item must include a long-term,
continuous monitoring plan to address the ineffective CP under insulation. At a
minimum, the plan must contain provisions to mitigate the threat of CUI,
including all of the following provisions:
1) Accelerated reassessments;
2) Usage of the appropriate, complementary assessment tools for all threats,
including stress corrosion cracking;
3) 4) 5) Coordination of data from the appropriate alternating ILI technologies;
More stringent repair criteria targeted at CUI; and
Advanced data analysis techniques to account for the potential growth of
CUI including interaction criteria for anomaly assessment.



9
With respect to Line 903 between Gaviota and Pentland Stations:
3. 4. 5. Remedial Work Plan. Plains must provide, within 45 days of receipt of this Order, a
Remedial Work Plan for the Gaviota-to-Pentland segment of Line 903 to the Director for
his approval. Completion of this Remedial Work Plan is required prior to the startup of
Lines 901 and 903. The Remedial Work Plan must include the following components:
a. Investigation and remediation of anomalies on Line 903 (including anomalies
requiring repair under 49 C.F.R § 195.452(h) and anomalies with similar ILI
signal characteristics to the Failure site);
b. c. Analysis of field measurements taken from anomaly investigations;
Re-grade of previous ILI data from tool runs performed from 2012 to the present
using an expanded set of interaction criteria;
d. Additional integrity assessments using a MFL-C ILI tool and integration of MFL-
C ILI data with previous ILI survey results;
e. Investigation and remediation of anomalies that are identified in the MFL-C tool
run (if any);
f. Revision of Plains’ IMP, based on information collected from the Remedial Work
Plan as approved by the Director and the Final RCA by DNV for Line 901; and
g. Integrity studies to reduce spill volumes, including an EFRD evaluation and a
surge study, similar to those described for Line 901 in Item 1 of this Amendment.
Restart Plan. After completing the Remedial Work Plan described above in Item 3 and
prior to resuming operation of Line 903 between Gaviota and Pentland Stations, Plains
must develop and submit a written Restart Plan for this segment of Line 903 that meets all
requirements of Item 8 of the CAO, as well as Items 1 and 2 of this Amendment No. 3, to
the Director for prior approval at least 60 days in advance of a scheduled startup. The
Restart Plan must include:
a. Provisions for adequate patrolling of Line 903 during the restart process and
include incremental pressure increases during start-up, with each increment to be
held for at least 2 hours;
b. Sufficient surveillance of the pipeline during each pressure increment to ensure
that no leaks are present when operation of the line resumes; and
c. Provisions for a daylight restart and advance communications with local
emergency response officials.
Once approved by the Director, the Restart Plan will be incorporated by reference into
this Order.
Return to Service. After the Director approves the Restart Plan for the Gaviota-to-
Pentland segment of Line 903, Plains may return that segment to service, but the
operating pressure must not exceed eighty percent (80%) of the highest pressure
sustained for a continuous 8-hour period between April 19, 2015, and May 19, 2015, for
Line 903 (Gaviota to Sisquoc and Sisquoc to Pentland segments). The Pentland-to-
Emidio segment of Line 903, currently operating at a reduced pressure, may continue
operation under the terms of Amendment No. 1 and Paragraph 7 below.



10
6. Removal of Pressure Restriction. After a return to service, Plains may request a
removal of the pressure restriction for the Gaviota-to-Pentland segment of Line 903.
a. b. The Director may allow the removal or modification of the pressure restriction
upon a written request from Plains demonstrating that restoring the pipeline to its
pre-Failure operating pressure is justified, based on a reliable engineering
analysis, which must consider all known defects, anomalies, and operating
parameters of the pipeline in order to show that the pressure increase is safe.
The Director may allow the temporary removal or modification of the pressure
restrictions upon a written request from Plains demonstrating that temporary
mitigative and preventive measures will be implemented prior to and during the
temporary removal or modification of the pressure restriction. The Director's
determination will be based on consideration of the Failure’s cause and Plains’
evidence that preventive and mitigative actions provide for the safe operation of
Line 903 during the temporary removal or modification of the pressure restriction.
Requests for removal of pressure restriction may be submitted by pipeline
segment.
With respect to Line 903 between Pentland and Emidio Stations:
7. Pressure-Restriction Removal Plan. To remove the pressure restriction placed on the
Pentland-to-Emidio segment of Line 903 by Amendment No. 1, Plains must develop and
submit a written Pressure-Restriction Removal Plan for Line 903 between Pentland and
Emidio Stations to the Director for prior approval at least 60 days in advance of a scheduled
pressure increase. In order to remove the Pentland-to-Emidio pressure restriction, the
process under Item 6 of this Amendment No. 3 must also be followed.
a. Plains must have completed all integrity activities and remedial actions that
resulted from its ILI vendor’s data analysis of the September 2015 UT ILI run.
b. The Pressure-Restriction Removal Plan must provide for adequate patrolling of
Line 903 between Pentland and Emidio Stations during the start-up process and
must include incremental pressure increases during start-up, with each increment
to be held for at least 2 hours.
c. d. e. The Pressure-Restriction Removal Plan must include sufficient surveillance of the
pipeline during each pressure increment to ensure that no leaks are present when
operation of the line resumes.
The Pressure-Restriction Removal Plan must specify a day-light startup and must
include advance communications with local emergency response officials.
Once approved by the Director, the Pressure-Restriction Removal Plan will be
incorporated by reference into this Order.



11
With respect to both Line 901 and Line 903:
8. Notifications. Plains must provide notification to the Director within 5 business days of
the following events: any investigation and remediation field actions for identified
anomalies (i.e. digs and repairs), ILI tool runs, and/or startup dates.
9. Reporting Requirements. The Corrective Action Order Documentation Report required
by Item 12 of the May 21, 2015 CAO must include a summary of all inspections,
assessments, evaluations, and analysis required by this Amendment No. 3.
The corrective actions required by this Amendment No. 3 are in addition to and do not waive any
requirements that apply to Respondent’s pipeline system under the CAO, all prior amendments
to the CAO, 49 C.F.R. Part 195, any other order issued to Respondent under authority of 49
U.S.C. Section 60101, et seq., or any other provision of federal or state law.
Respondent may appeal any decision of the Director to the Associate Administrator for Pipeline
Safety. Decisions of the Associate Administrator shall be final.
Be advised that all material you submit in response to this enforcement action is subject to being
made publicly available. If you believe that any portion of your responsive material qualifies for
confidential treatment under 5 U.S.C. Section 552(b), along with the complete original document
you must provide a second copy of the document with the portions you believe qualify for
confidential treatment redacted and an explanation of why you believe the redacted information
qualifies for confidential treatment under 5 U.S.C. Section 552(b).
Failure to comply with this Order may result in the assessment of civil penalties and in referral to
the Attorney General for appropriate relief in United States District Court pursuant to 49 U.S.C.
Section 60120.
In your correspondence on this matter, please refer to CPF No. 5-2015-5011H and for each
document you submit, please provide a copy in electronic format whenever possible.
The terms and conditions of this Amendment No. 3 are effective upon receipt.
__________________________________ __________________
Alan Mayberry Date Issued
Acting Associate Administrator
for Pipeline Safety

520155011H_Amended Corrective Action Order_06032015_text.pdf

June 3, 2015
VIA CERTIFIED MAIL AND FAX TO: 713-646-4378
Mr. Troy Valenzuela
Vice President EHS
Plains Pipeline, LP
333 Clay Street, Suite 1600
Houston, TX 77002
Re: CPF No. 5-2015-5011H
Dear Mr. Valenzuela:
Enclosed is Amendment No. 1 to the Corrective Action Order issued in the above-referenced
case on May 21, 2015. It requires Plains Pipeline, LP to take additional corrective actions with
respect to Line 901 and Line 903 of its pipeline system. Service is being made by certified mail
and facsimile. Service of the Amendment to the Corrective Action Order by electronic
transmission is deemed complete upon transmission and acknowledgement of receipt, or as
otherwise provided under 49 C.F.R. § 190.5. The terms and conditions of this Order are
effective upon completion of service.
Thank you for your continued cooperation in this matter.
Sincerely,
Jeffrey D. Wiese
Associate Administrator
for Pipeline Safety
Enclosure
cc: Ms. Linda Daugherty, Deputy Associate Administrator for Field Operations, OPS
Mr. Chris Hoidal, Director, Western Region, OPS



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
In the Matter of )
Plains Pipeline, LP, ) CPF No. 5-2015-5011H
)
)
)
Respondent. )
____________________________________)
AMENDMENT NO. 1 TO THE CORRECTIVE ACTION ORDER
Purpose and Background:
On May 21, 2015, the Associate Administrator issued a Corrective Action Order (CAO) under
the authority of 49 U.S.C. § 60112, to require Plains Pipeline, LP (Plains or Respondent), to take
certain corrective actions to protect the public, property, and the environment from potential
hazards associated with Line 901 (Affected Pipeline) in Santa Barbara County, California. The
CAO was issued in response to a May 19, 2015, failure on the Affected Pipeline that caused the
release of approximately 1700 to 2500 barrels of heavy crude oil (Failure). The cause of the
Failure has not yet been determined. Pursuant to 49 U.S.C. § 60117, the Pipeline and Hazardous
Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), initiated an
investigation of the accident.
Additional Preliminary Findings:
• The results of Plains’ May 5, 2015 In-Line Inspection (ILI) survey revealed four areas on
the Affected Pipeline with pipe anomalies requiring immediate investigation and
remediation in accordance with 49 CFR § 195.452(h) or Plains’ own criteria for
investigation under its integrity management plan. Examination and measurements of
three of these areas indicated extensive external corrosion, primarily on the bottom
quadrant of the pipe. The deepest metal loss at each area, as measured by Plains non-
destructive testing contractors, ranged between 54 and 74% of the original pipe wall
thickness. The anomalies were not limited to being near the girth welds, but also
occurred at other locations along the length of the pipe. The fourth area to be
investigated has not yet been completed.
• The Affected Pipeline is experiencing active external corrosion, as follows:



CPF No. 5-2015-5011H
Page 2
o Plains has reported to PHMSA that the May 5th ILI survey revealed metal loss of
approximately 45% of the original wall thickness in the area of the pipe that failed
on May 19.
o PHMSA inspectors noted general external corrosion of the pipe body during field
examination of the failed pipe segment.
o The rupture characteristics at the Failure site indicate a longitudinally oriented
opening approximately 6 inches in length and located in the bottom quadrant of
the pipe. Third-party metallurgists in the field estimated that corrosion at the
Failure site had degraded the wall thickness to an estimated 1/16 of an inch
(.0625”). This thinning of the pipe wall is greater than the 45% metal loss which
was indicated by the recent ILI survey.
o PHMSA inspectors observed three repairs to the Affected Pipeline in the area near
the Failure site that had been made due to external corrosion. These repairs were
made after the 2012 ILI survey.
• Plains uses an impressed current cathodic protection (CP) system to protect the Affected
Pipeline from external corrosion. After the Failure, PHMSA inspectors witnessed Plains
measuring CP levels near the Failure site and at the three anomaly digs that were
completed after May 22. The CP levels appeared to be adequate according to 49 CFR
§ 195.571. External corrosion with CP at this level would not be expected.
• Plains’ Line 903 is a 30-inch diameter pipeline which transports crude oil 128 miles from
the Gaviota Pump Station in Santa Barbara County to the Emidio Pump Station in Kern
County, California.
• Plains has informed PHMSA that Line 903 has insulation and shrink wrap sleeves on the
girth welds, similar to the Affected Pipeline.
• Line 903 was completely surveyed by ILI during 2013 and 2014. These ILI results
revealed:
o The 38-mile segment of Line 903 between Gaviota Station and Sisquoc Station
was inspected on April 29, 2013, and the report was provided to Plains in June
2013. The ILI vendor reported that this segment had 99 metal loss anomalies
requiring investigation.
o The 75-mile segment of Line 903 between Sisquoc Station and Pentland Station
was inspected on June 12, 2013. The report was provided to Plains in August
2013, and a corrected report was provided in September 2013. This segment had
no anomalies requiring investigation. However, the ILI vendor reported there
were a number of metal loss anomalies that may indicate general corrosion.
o The 15-mile segment of Line 903 between Pentland Station and Emidio Station
was inspected on February 19, 2014, and the report was provided to Plains in May
2014. This segment had no anomalies requiring immediate investigation.
However, based on the ILI vendor report, this segment had two girth weld
anomalies requiring investigation.
o The data collected by the ILI surveys for the different segments of Line 903
appear to be inconsistent, requiring immediate review and analysis.



CPF No. 5-2015-5011H
Page 3
• Plains voluntarily shut down Line 903 on May 19, restarted the line on May 29, and shut
the line back down on May 30. Line 903 is currently shut down.
Determination of Necessity for Amendment to the Corrective Action Order and Right to
Hearing:
Section 60112 of Title 49, United States Code, provides for the issuance of a Corrective Action
Order, after reasonable notice and the opportunity for a hearing, requiring corrective action,
which may include the suspended or restricted use of a pipeline facility, physical inspection,
testing, repair, replacement, or other action, as appropriate. The basis for making the
determination that a pipeline facility is or would be hazardous, requiring corrective action, is set
forth both in the above-referenced statute and 49 C.F.R. § 190.233, a copy of which is enclosed.
Section 60112 and the regulations promulgated thereunder provide for the issuance of a
Corrective Action Order, without prior notice and opportunity for hearing, upon a finding that
failure to issue the Order expeditiously would result in the likelihood of serious harm to life,
property, or the environment. In such cases, an opportunity for a hearing and expedited review
will be provided as soon as practicable after the issuance of the Order.
After evaluating the preliminary findings in the CAO and the foregoing additional preliminary
findings of fact, I find that continued operation of Line 901 and Line 903 without corrective
measures is or would be hazardous to life, property, or the environment. Additionally, having
considered the uncertainties as to the cause of the Failure, the location of the Failure, the
similarities between the characteristics of the Affected Pipeline and Line 903, the material being
transported, and the proximity of the pipelines to the Pacific Ocean and environmentally
sensitive areas, I find that a failure to issue this Order expeditiously to require immediate
corrective action would result in the likelihood of serious harm to life, property, or the
environment.
Accordingly, this Amendment to the Corrective Action Order mandating immediate corrective
action is issued without prior notice and opportunity for a hearing. The terms and conditions of
this Order are effective upon receipt.
The actions required by this Amendment No. 1 to the Corrective Action Order are in
addition to the requirements that apply to Respondent’s Affected Pipeline under the CAO
issued on May 21, 2015.
Within 10 days of receipt of this Amendment, Respondent may contest its issuance and obtain
expedited review either by answering in writing or requesting a hearing under 49 C.F.R.
§ 190.211, to be held as soon as practicable under the terms of such regulation, by notifying the
Associate Administrator for Pipeline Safety in writing, with a copy to the Director, Western
Region, OPS (Director). If Respondent requests a hearing, it will be held telephonically or in-
person in Lakewood, Colorado, or Washington, D.C.
After receiving and analyzing additional data in the course of this investigation, PHMSA may
identify other corrective measures that need to be taken on the Affected Pipeline or Plains’ Line
903. In that event, PHMSA will notify Respondent of any additional measures that are required



CPF No. 5-2015-5011H
Page 4
2. and another Amendment Order will be issued, if necessary. To the extent consistent with safety,
Respondent will be afforded notice and an opportunity for a hearing prior to the imposition of
any additional corrective measures.
Required Corrective Actions:
Pursuant to 49 U.S.C. § 60112, I hereby order Plains to immediately take the following
corrective actions:
With respect to the Affected Pipeline (Line 901):
1. Paragraph 3(c)(vi) of the Required Corrective Actions of the CAO is amended, in its
entirety, as follows: List and describe (type, size, wall loss, etc.) the specific location of
all ILI features identified by the May 5, 2015 ILI survey elsewhere on the Affected
Pipeline that require investigation according to 49 CFR § 195.452(h) or the criteria for
investigation under Plains’ own integrity management plan, whichever is more stringent.
All ILI features and anomalies that satisfy the criteria in either 49 CFR § 195.452(h) or
the criteria for investigation under Plains’ integrity management plan must be
investigated and remediated. Provide the Director with a report detailing the results of
the investigations and remediations that have been completed, and a proposed schedule
for the remaining investigations.
Non-destructive testing. Plains must use a third-party, American Society of Non-
Destructive Testing (ASNT) Level III certified, non-destructive testing field contractor to
complete a non-destructive testing analysis at the specific location of each ILI feature or
anomaly that requires investigation according to 49 CFR § 195.452(h) or the criteria for
investigation under Plains’ own integrity management plan, whichever is more stringent.
If the ILI feature or anomaly is identified as being located at a girth weld with shrink
sleeves, the contractor must perform a magnetic particle inspection, or other appropriate
technology, of the weld area to check for stress corrosion cracking (SCC). Provide the
Director with five business days’ notice of the excavation of each pipe section requiring
investigation. A summary of the investigations, test results, and remediations must be
included in the monthly report required by Item 12 of the CAO, and the test records must
be made available for inspection by PHMSA.
With respect to Line 903:
3. Pressure Restriction. The operating pressure of Line 903 must not exceed eighty percent
(80%) of the highest pressure sustained for a continuous 8 hour period between April 19,
2015, and May 19, 2015. This pressure restriction must remain in effect until the
Director provides written approval to resume normal operation of Line 903.
Review of Line 903. Within 60 days of receipt of this Amendment, Plains must review
Line 903 and address any findings that require remedial measures. This review must
include:
a. All construction, operating and maintenance (O&M) and integrity management
records, such as hydrostatic tests, root cause failure analysis of prior failures, aerial
and ground patrols, corrosion protection, One Call tickets, excavations and exposed
pipe records, and pipe replacements;
4.



CPF No. 5-2015-5011H
Page 5
b. Identification of all areas of Line 903 that have insulated pipe and girth welds with
shrink wrap sleeves;
c. List and describe (type, size, wall loss, etc.) the specific location of all ILI features
identified by the most recent ILI survey that require investigation according to
49 CFR § 195.452(h) or the criteria for investigation under Plains’ own integrity
management plan, whichever is more stringent. All ILI features and anomalies that
satisfy the criteria in either § 195.452(h) or the criteria for investigation under Plains’
integrity management plan must be investigated and remediated. Provide the Director
with a report detailing the results of the investigations and remediations that have
been completed, and a proposed schedule for the remaining anomalies.
5. ILI Data for Line 903. Plains must provide the following documentation of previous ILI
surveys on Line 903 to the Director within 15 days of receipt of this Amendment:
i. List all ILI tool runs, tool types, and the calendar years of the tool runs conducted
on Line 903 over the past 10 calendar years.
ii. Provide all ILI data from surveys of Line 903 over the past 10 calendar years to
the Director for review by PHMSA’s 3rd party ILI data analyst.
6. Non-destructive testing. Plains must use a third-party, American Society of Non-
Destructive Testing (ASNT) Level III certified, non-destructive testing field contractor to
complete a non-destructive testing analysis at the specific location of each ILI feature or
anomaly on Line 903 identified in Item 4(c) above. If the ILI feature or anomaly is
identified to be at a girth weld with shrink sleeves, the contractor must perform a
magnetic particle inspection, or other appropriate technology, of the weld area to check
for stress corrosion cracking (SCC). Provide the Director with five business days’ notice
of the excavation of each pipe section requiring investigation. A summary of the
investigations, test results, and remediations must be included in the monthly report
required by Item 12 of the CAO, and the test records must be made available for
inspection by PHMSA.
With respect to both the Affected Pipeline and Line 903:
7. Enhanced preventive and mitigative measures. Plains must take additional preventive
and mitigative measures on the Affected Pipeline and Line 903 while each pipeline is
subject to a pressure restriction under the CAO or this Amendment. These measures
must include, but are not limited to:
a. Patrol inspections of surface conditions of the pipeline right-of-way at intervals
not exceeding one week;
b. c. Daily inspections of pump stations to identify leaks and abnormal conditions;
Establishment of pump pressure set points and use of pressure limiting devices to
match the required pressure reduction;
d. Training of Plains field personnel regarding awareness of abnormal operating
conditions that may result from the pressure reduction on the pipeline.
e. Plains must maintain all documentation related to the pressure restriction and
preventive and mitigative measures, including all inspections, training documents,
and management of change (MOC) records.



CPF No. 5-2015-5011H
Page 6
8. CAO Documentation Report: The Corrective Action Order Documentation Report
required under Item 12 of the CAO must include a summary of all inspections,
assessments, evaluations, and analysis required by this Amendment No. 1 to the CAO.
The actions required by this Amendment No. 1 to the Corrective Action Order are in addition to
and do not waive any requirements that apply to Respondent’s pipeline system under the CAO,
49 C.F.R. Part 195, under any other order issued to Respondent under authority of 49 U.S.C.
§ 60101, et seq., or under any other provision of Federal or State law.
Respondent may appeal any decision of the Director to the Associate Administrator for Pipeline
Safety. Decisions of the Associate Administrator shall be final.
Be advised that all material you submit in response to this enforcement action is subject to being
made publicly available. If you believe that any portion of your responsive material qualifies for
confidential treatment under 5 U.S.C. 552(b), along with the complete original document you
must provide a second copy of the document with the portions you believe qualify for
confidential treatment redacted and an explanation of why you believe the redacted information
qualifies for confidential treatment under 5 U.S.C. 552(b).
Failure to comply with this Order may result in the assessment of civil penalties and in referral to
the Attorney General for appropriate relief in United States District Court pursuant to 49 U.S.C.
§ 60120.
In your correspondence on this matter, please refer to CPF No. 5-2015-5011H and for each
document you submit, please provide a copy in electronic format whenever possible.
The terms and conditions of this Amendment No. 1 to the Corrective Action Order are effective
upon receipt.
__________________________________ __________________
Jeffrey D. Wiese Date Issued
Associate Administrator
for Pipeline Safety

## Provenance

- Official: Yes
- Source: <https://primis.phmsa.dot.gov/enforcement-data/case/520155011H>
- Source ID: `phmsa-enforcement`
- SHA-256: `9fd6f120f2fcb0cc54c223418ea0a9c1e9bc7325f0be2de358e7d9d2d0fbd4d9`
- Retrieved: 2026-08-20T04:44:44.458Z
- Exported: 2026-08-24T03:54:29.455Z
- Document slug: `phmsa-enforcement-520155011h`

### Source metadata

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  "region": "Western",
  "pipelineType": "INTERSTATE LIQUID ONSHORE",
  "caseStatus": "CLOSED",
  "citedSections": [],
  "dataAsOf": "08/04/2026 12PM",
  "caseDataAsOf": "2026-08-04",
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  "extractedAgencyDocumentCount": 6,
  "attachmentPolicy": "Official attachment links are retained. Agency-issued documents may also include a verified local PDF and page-level text representation.",
  "jurisdiction": "US",
  "operatorName": "PLAINS PIPELINE, L.P."
}
```